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THi. 


LETTERS 


OB 


JUNIUS. 


S'fAl'   NO  MINIS    UMBRA, 


SSCOND  AMERICAN  EDITION 


PHILADELPHIA: 
PUBLISHED  BY  M.  CAREY, 

NO.   1225    MARKET    STREET. 

1,  C&AVKS5    PRINTXB;    NO.  40,   NORTM   TOVRTH   .STRSE^J 

1807 


^.TEf»MENS 


DEDICATION 


TO     THE 


ENGLISH    NATION, 


I  DEDICATE  to  you  a  collection  of  letters,  writ- 
ten by  one  of  yourselves  for  the  common  benefit  of  us  all. 
They  would  never  have  grown  to  this  size,  without  your 
continued  encouragement  and  applause.  To  me  they 
originally  owe  nothing  but  a  healthy,  sanguine  consti- 
tution.  Under  your  care  they  have  thriven.  To  you 
they  are  indebted  for  whatever  strength  or  beauty  they 
possess.  When  Kings  and  Ministers  are  forgotten,  when 
the  force  and  direction  of  personal  satire  is  no  longer  un- 
derstood, and  when  measures  are  only  felt  in  their  re- 
motest consequences,  this  book  will,  I  believe,  be  found 
to  contain  principles  worthy  to  be  transmitted  to  posterity. 
When  you  leave  the  unimpaired  hereditary  freehold  to 
your  children,  you  do  but  half  your  duty.  Both  liberty 
and  property  are  precarious,  unless  the  possessors  have 
sense  and  spirit  enough  to  defend  them.  This  is  not  the 
language  of  vanity.  If  I  am  a  vain  man,  my  gratifica- 
tion lies  within  a  narrow  circle.  I  am  the  sole  deposi- 
tary of  my  own  secret,  and  it  shall  perish  with  me. 

If  an  honest,  and  I  may  truly  affirm,  a  laborious  zeal 
for  the  public  service,  has  given  me  any  v/eight  in  your 
esteem,  let  me  exhort  and  conjure  you  never  to  suffer  an 
iiivai>icn  of  your  political  constitution,  however  ninute 
the  instance  may  appear,  to  pass  by,  without  a  deter- 
mined, persevtiing  resistance.  One  precedent  creates 
anuilier. — 1  hrv  soon  accumulate  and  constitute  law. 
\v  Ivat  \  ^vas  fact,  to-day  is  doctrine.      Examples 

to    jnsiiiy'  the  m.ost  dangerous  measures  ; 
■V  du  not  suit  exactly,  th«*defect  is  supplied 
•:rcd,  that  the  kr.vs  v/hich  protect  us 


..5v  CI 


EOr^P.dit 


they  must  fall  or  flourish  with  it.  This  is  not  the  cause 
of  faction  or  of  party,  or  of  any  individual,  but  the  com- 
mon interest  of  every  man  in  Britain.  Although  the 
King  should  continue  to  support  his  present  system  of  go- 
vernment, the  period  is  not  very  distant  at  which  you 
will  have  the  means  of  redress  in  your  own  power.  It 
may  be  nearer  perhaps  than  any  of  us  expect,  and  I 
would  warn  you  to  be  prepared  for  it.  The  King  may 
possibly  be  advised  to  dissolve  the  present  parliament  a 
year  or  two  before  it  expires  of  course,  and  precipitate  a 
3aew  election,  in  hopes  of  taking  the  nation  by  surprise. 
If  such  a  measure  be  in  agitation,  this  very  caution  may 
defeat  or  prevent  it. 

I  cannot  doubt  that  you  will  unanimously  assert  the 
freedom  of  election,  and  vindicate  your  exclusive  right 
to  choose  your  representatives.  But  other  questions  have 
been  started,  on  which  your  determination  should  be 
equally  clear  and  unanimous.  Let  it  be  impressed  upon 
your  minds,  let  it  be  instilled  into  your  children,  that  the 
liberty  of  the  press  is  the  palladium  of  all  the  civil,  po^ 
litical,  and  religious  rights  of  an  Englishman ;  and  that 
the  right  of  juries  to  return  a  general  verdict,  in  all  cases 
whatsoever,  is  an  essential  part  of  our  constitution,  not  to 
be  controuled  or  limited  by  the  judges,  nor  in  any  shape 
questionable  by  the  legislature.  The  power  of  King, 
Lords,  and  Commons,  is  not  an  arbitrary  power.^  They 
are  the  trustees,  not  the  owners  of  the  estate.  The  fee-^ 
simple  is  in  us.  They  cannot  alienate,  they  cannot  waste. 
When  we  say  that  the  legislature  is  supreme,  we  mean, 
that  it  is  the  highest  power  known  to  the  constitution  ;— 
that  it  is  the  highest  in  comparison  with  the  other  subor- 
dinate powers  established  by  the  laws.  In  this  sense  the 
word  supreme  is  relative,  not  absolute.  The  power  of 
the  legislature  is  limited,  not  only  by  the  general  rules  of 
natural  justice,  and  the  welfare  of  the  community,  but 
by  the  forms  and  principles  of  our  particular  constitu- 
tion. If  this  doctrine  be  not  true,  we  must  admit  that 
King,  Lords,  and  Commons  have  no  rule  to  direct  their 
resolutions,  but  merely  their  own  will  and  pleasure.  They 
might  unite  the  legislative  and  executive  power  in  the 
same  hands,  and  dissolve  the  constitution  by  an  act  of 
parliament.     But  I  am  persuaded  you  will  not  leave  It  to 


the  choice  of  seven  hundred  persons,  notoriously  cor- 
rupted  bv  the  Crown,  whether  seven  millions  of  their 
equals  shall  be  freemen  or  slaves.  The  certainty  of  for- 
feiting their  own  rights,  when  they  sacrifice  those  of  the 
nation,  is  no  check  to  a  brutal,  degenerate  ir.ind.  With- 
out insisting  upon  the  extravagant  concession  made  to 
Harry  the  Eighth,  there  are  instances  in  the  history  oi" 
other  countries,  of  a  formal,  dcHberate  surrender  of  the 
public  liberty  into  the  hands  of  the  Sovereign.  If  Eng- 
land does  not  share  the  same  fate,  it  b.  because  v/e  h'we 
better  resources  than  in  the  virtu 
parliament. 

I  said  that  the  liberty  of  the  press  is  the  palladium  c 
all  }'our  rights,  and  that  the  right  of  the  juries  to  return 
a  general  verdict,  is  part  of  your  constitution.  To  pre- 
serve the  Vvhole  system,  you  must  correct  your  legislature. 
With  regard  to  any  influence  of  the  constituent  over  the 
conduct  of  the  representative,  there  is  little  difference  be- 
tween a  seat  in  parliament  for  seven  years,  and  a  seat  for 
life.  The  prospect  of  your  resentment  is  too  remote  ;  and 
although  the  last  session  of  a  septennial  parliament  be 
usually  employed  in  courting  the  favour  of  the  people, 
consider,  that  at  this  rate  your  representatives  have  six 
years  for  offence,  and  but  one  for  atonement.  A  death- 
bed repentance  seldom  reaches  to  restitution.  If  you  re- 
flect, that  in  the  changes  of  administration  which  have 
marked  and  disgraced  the  present  reign,  although  your 
warmest  patriots  have  in  their  turn  been  invested  with 
the  lawful  and  unlawful  authority  of  the  crown,  and 
though  other  reliefs  or  improvements  have  been  held  forth 
to  the  people,  yet,  that  no  one  man  in  ofhce  has  ever 
promoted  or  encouraged  a  bill  for  shortening  the  dura- 
tion of  parliaments,  but  that  (whoever  was  minister)  the 
opposition  to  this  measure,  ever  since  the  septennial  act 
passed,  has  been  constant  and  uniform  on  the  part  of  go- 
veniment. — You  cannot  but  conclude,  without  the  pos- 
sibility of  a  doubt,  that  long  parliaments  are  the  founda- 
tion of  the  undue  influence  of  the  crown.  This  influence 
answers  every  purpose  of  arbitrary  power  to  the  crown, 
with  an  expence  and  oppression  to  the  people,  which 
would  be  unnecessary  in  an  arbitrary  government.  The 
best  of  our  ministers  find  it  the^  easiest  and  most  com- 


pendi6us  mode  of  conducting  the  King's  affairs  ;  and  all 
ministers  have  a  general  interest  In  adhering  to  a  system, 
which  of  itself  is  sufficient  to  support  them  in  office, 
without  any  assistance  from  personal  virtue,  popularity, 
labour,  abilities,  or  experience.  It  promises  every  grati- 
fication to  avarice  and  ambition,  and  secures  impunity. 
These  are  truths  unquestionable.  If  they  make  no  im- 
pression, it  is  because  they  are  too  vulgar  and  notorious. 
But  the  inattention  or  Indifference  of  the  nation  has  con- 
tinued too  long.  You  are  roused  at  last  to  a  sense  of 
your  danger.  The  remedy  will  soon  be  In  your  power. 
If  Junius  lives,  you  shall  often  be  reminded  of  it.  If, 
xvhen  the  opportunity  presents  itself,  you  neglect  to  do 
:ar  duty  to  yourselves  and  to  posterity, — to  God  and  to 
ur  country,  I  shall  have  one  consolation  left,  in  com- 
:n  Vviih  the  meanest  and   basest  of  mankind.     Ci\ii 


PREFACE- 


1'he  encouragement  given  to  a  multitude  of 
spurious,  mangled  publications  of  the  letters  of  Junius, 
persuades  me,  that  a  complete  edition,  corrected  and  im- 
proved by  the  author,  M^ill  be  favourably  received.  The 
printer  will  readily  acquit  me  of  any  view  to  my  own  pro- 
fit. I  undertake  this  troublesome  task,  merely  to  serve  a 
man  who  has  deserved  well  of  me,  and  of  the  public  ; 
and  who,  on  my  account,  has  been  exposed  to  an  ex- 
pensive, tyrannical  prosecution.  For  these  reasons,  I  give 
to  Mr.  Henry  Sampson  Woodfall,  and  to  him  alone,  my 
right,  interest,  and  property  in  these  letters,  as  fully  and 
completely,  to  all  intents  and  purposes,  as  an  author  can 
possibly  convey  his  property  in  his  owii  works  to  another. 

This  edition  contains  all  the  letters  of  Junius,  Philo 
Junius,  and  of  Sir  William  Draper  and  Mr.  Home  to 
Junius,  with  their  respective  dates,  and  according  to  the 
order  in  which  they  appeared  in  the  Public  Advertiser. 
The  auxiliary  part  of  Philo  Junius  was  indispensably  ne- 
cessary to  defend  or  explain  particular  passages  in  Junius^ 
in  ansv/er  to  plausible  objections  ;  but  the  subordinate 
character  is  never  guilty  of  the  indecorum  of  praising  his 
principal.  The  fraud  was  innocent,  and  I  always  intended 
to  explain  it.  The  notes  will  be  found  not  only  useful, 
but  necessary.  References  to  facts  not  generally  known, 
or  allusions  to  the  current  report  or  opinion  of  the  day, 
are  in  a  little  time  unintelligible.  Yet  the  reader  will  not 
find  himself  overloaded  with  explanations.  I  v/as  not 
born  to  be  a  commentator,  even  upon  my  own  works. 

It  remains  to  say  a  few  v^ords  upon  the  liberty  of  tlie 
press.  I'he  daring  spirit,  by  which  these  letters  are  sup- 
posed to  he  distinguished, seems  to  require  that  some  thing 
serious  sliould  be  said  in  their  defence,  I  am  no  lawyer 
by  profession,  nor  do  I  pretend  to  !:e  more  deeply  lead 
thuii  every  English  gendt-.Tian  shouid  h^  in  the  laws  of  iiis 
country.  If,  therefore,  the  prlneij'lts  I  maintain  are  truly 
ronstitutioiial,  1  FA^id'  not  thk-k  mvstlf  :»nsv-ertd,  tljon^ii 
^should  be  convicted  ,»  .  i.^  -    .  ^       .:    J  •.  :,a:N 


plying  the  language  of  the  law.  I  speak  to  the  plain  un- 
derstanding of  the  people,  and  appeal  to  their  honest,  li- 
beral construction  of  me. 

Good  men,  to  whom  alone  I  address  myself,  appear  to 
me  to  consult  their  piety  as  little  as  their  judgment  and 
experience,  when  they  admit  the  great  ancl  essential  ad- 
vantages accruing  to  society  from  the  freedom  of  the 
press,  yet  indulge  themselves  in  peevish  or  passionate  ex- 
clamations against  the  abuses  of  it.  Betraying  an  unrea- 
sonable expectation  of  benefits  pure  and  entire  from  any 
human  institution,  they  in  effect  arraign  the  goodness  of 
Providence,  and  confess  that  they  are  dissatisfied  with  the 
common  lot  of  humanity.  In  the  present  instance,  they 
really  create  to  their  own  minds,  or  greatly  exaggerate, 
the  evil  they  complain  of.  The  laws  of  England  provide 
as  effectually  as  any  human  laws  can  do,  for  the  protec- 
tion of  the  subject,  in  his  reputation,  as  well  as  in  his 
person  and  property.  If  the  characters  of  private  men 
are  insulted  or  injured,  a  double  remedy  is  open  to  them, 
by  action  and  indictment.  If,  through  indolence,  false 
shame,  or  indifference,  they  will  not  appeal  to  the  laws  of 
their  country,  they  fail  in  their  duty  to  society,  and  are 
unjust  to  themselves.  If,  from  an  unv/arrantable  distrust 
of  the  integrity  of  juries,  they  would  wish  to  obtain  jus- 
tice by  any  mode  of  proceeding  more  summary  than  a 
trial  by  their  peers,  I  do  not  scruple  to  affirm,  that  they 
are  in  effect  greater  enemies  to  themselves  than  to  the  li^ 
beller  they  prosecute. 

With  regard  to  strictures  upon  the  characters  of  men 
in  office,  and  the  measures  of  government,  the  case  is  a 
little  different.  A  considerable  latitude  must  be  allowed 
in  the  discussion  of  public  affairs,  or  the  liberty  of  the 
press  v/ill  be  of  no  benefit  to  society v  As  the  indulgence 
of  private  malice  and  personal  slander  should  be  checked 
and  resisted  by  every  legal  merns,  so  a  constant  examina- 
tion into  the  characters  and  conduct  of  ministers  and  ma- 
gistrates should  be  equally  promoted  and  encouvfjged. 
They  who  conceive  that  our  newspapers  are  no  restraint 
upon  bad  men,  or  impediment  to  the  execution  of  bad 
measures,  know  nothing  of  this  country.  In  that  state  of 
abandoned  servility  and  prostitution,  to  which  the  undue 
influence  of  the  crown  has  r^ductd  the  oihcr  branches  a 


the  legislature,  our  ministers  and  magistrates  have  in  re- 
ality lit  'e  punishment  to  fear,  andfew^  difficulties  to  con- 
tend with,  beyond  the  censure  of  the  press,  and  the  spirit 
of  resistance  which  it  excites  among  the  people.  While 
this  censorial  power  is  maintained,  to  speak  in  the  w^ords 
of  a  most  ingenious  foreigner,  both  minister  and  magi- 
strate is  compelled,  in  almost  every  instance,  to  choose 
between  his  duty  and  his  reputation.  A  dilemma  of  this 
kind  perpetually  before  him,  will  not  indeed  work  a  mi- 
racle in  his  heart,  but  it  will  assuredly  operate  in  some 
degree  upon  his  conduct.  At  all  events,  these  are  not 
times  to  admit  of  any  relaxation  in  the  little  discipline  we 
have  left. 

But  it  is  alleged  that  the  licentiousness  of  the  press  is 
carried  beyond  all  bounds  of  decency  and  truth  ; — that 
our  excellent  ministers  are  continually  exposed  to  the 
public  hatred  or  derision  ; — that,  in  prosecutions  for  li- 
bels on  government,  juries  are  partial  to  the  popular  side  ; 
— and  that,  in  the  most  flagrant  cases,  a  verdict  cannot 
be  obtained  for  the  King.  If  the  premises  were  admitted, 
I  should  deny  the  conclusion.  It  is  not  true  that  the  tem- 
per of  the  times  has  in  general  an  undue  influence  over 
the  conduct  of  juries.  On  the  contrary,  many  signal  in- 
stances may  be  produced  of  verdicts  returned  for  the 
King,  when  the  inclinations  of  the  people  led  strongly  to 
an  undistinguishing  opposition  to  government.  Witness 
the  cases  of  Mr.  Wilkes  and  Mr.  Almon.  In  the  late 
persecutions  of  the  printers  of  my  address  to  a  great  per- 
sonage, the  juries  were  never  fairly  dealt  with.  Lord 
Chief  Justice  Mansfield,  conscious  that  the  paper  in  ques- 
tion contained  no  treasonable  or  libellous  matter,  and  that 
the  severest  parts  of  it,  however  painful  to  the  King,  or 
oflfensive  to  his  servants,  were  strictly  true,  would  iVir 
have  restricted  the  jury  to  the  finding  of  special  fact 
which,  as  to  guilty  or  not  guilty,  were  merely  indiiierent. 
This  particular  motive,  combined  with  his  general  pur- 
pose to  contract  the  power  of  juries,  will  account  for  tii 
charge  he  delivered  in  Woodf^ill's  trial.  He  told  the  jar}-, 
in  so  many  words,  that  they  had  nothing  to^deterrnine 
except  the  fact  of -printing  and  publisliing,  and  whether 
cr  no  the  blanks  or  inuendos  w^ere  properly    filled  up  m 

1-vihcr  the  defendaD^:  h.}d 


8 

committed  a  crime  or  not,  was  no  matter  of  consideratiou 
to  twelve  men,  who  yet,  upon  their  oaths,  were  to  pro- 
nounce their  peer  guilty  or  not  guilty.  When  we  hear 
such  nonsense  delivered  from  the  bench,  and  find  it  sup- 
ported by  a  laboured  train  of  sophistry,  which  a  plain  un« 
derstanding  is  unable  to  follow,  and  which  an  unlearned 
jury,  however  it  may  shock  their  reason,  cannot  be  sup- 
posed qualified  to  refute,  can  it  be  wondered  that  they 
should  return  a  verdict  perplexed,  absurd,  or  imperfect  ? 
Lord  Mansfield  has  not  yet  explained  to  the  world  why 
he  accepted  of  a  verdict  which  the  court  afterwards  set 
aside  as  illegal ;  and  which,  as  it  took  no  notice  of  the 
inuendos,  did  not  even  correspond  with  his  own  charge^ 
If  he  had  known  his  duty,  he  should  have  sent  the  jury 
back.  I  speak  advisedly,  and  am  well  assured  that  no 
lawyer  of  character  in  Westminster-hall  will  contradict 
jne.  To  show  the  falsehood  of  Lord  Mansfield's  doc- 
trine, it  is  not  necessary  to  enter  into  the  merits  of  the 
paper  which  produced  the  trial.  If  every  line  of  it  were 
treason,  his  charge  to  the  jury  would  still  be  false,  absurd, 
illegal,  and  unconstitutional.  If  I  stated  the  merits  of  my 
letter  to  the  King,  I  should  imitate  Lord  Mansfield,  and 
^travel  out  of  the  record.  When  law  and  reason  speak 
plainly,  we  do  not  want  authority  to  direct  our  under- 
standings. Yet,  for  the  honour  of  the  profession,  I  am 
content  to  oppose  one  lawyer  to  another,  especially  when 
it  happens  that  the  King's  Attorney  General  has  virtually 
disclaimed  the  doctrine  by  which  the  Chief  Justice  meant 
to  ensure  success  to  the  prosecution.  The  opinion  of  the 
plaintiff's  counsel  (however  it  may  be  otherwise  insignifi- 
cant,) is  weighty  in  the  scale  of  the  defendant.  My  Lord 
Chief  Justice  De  Grey,  who  filed  the  information  cx  of- 
ficio^ is  directly  with  me.  If  he  had  concurred  in  Lord 
Mansfjeld's  doctrine,  the  trial  must  have  been  a  very  short 
one.  The  facts  were  either  admitted  by  Woodfall's  coun-* 
scl,  or  easily  proved  to  the  satisfaction  of  the  jury.  But 
.  De  Grey,  far  from  thinking  he  should  acquit  himself 
ir.  his  duty  by  barely  jn^oving  the  facts,  entered  largely, 
and,  I  confess,  not  Vviihout  ability,  into  the  GCirieiiis  of 
the  pr.per,  which  lie  called  a  seditloiislibtl.  He  dwelt 
but  lightly  upon  those  points  which  (according  to  Lord 
MaD'iii'iId)  were  the  cnl}"  matter  of  conoid oKUi^ju  to  ihe 


■^ 


jur}%  The  criminal  intent,  the  libellous  matter,  the  per- 
nicious tendency  of  the  paper  itself,  were  the  topics  on 
which  he  principally  insisted,  and  of  which  for  more  than 
an  hour  he  tortured  his  faculties  to  convince  the  jury. — 
If  he  agreed  in  opinion  with  Lord  Mansfield,  his  discourse 
was  impertinent,  ridiculous,  i\nd  unreasonable.  But,  un- 
derstanding the  law  as  I  do^  what  he  said  was  at  least 
consistent  and  to  the  purpose* 

If  any  honest  man  should  still  be  inclined  to  leave  the 
construction  of  libels  to  the  courts  I  would  entreat  him 
to  consider  what  a  dreadful  complication  of  hardships  he 
imposes  upon  his  fellow-subjects.  In  the  first  place,  the 
j^rosecution  commences  by  information  of  an  ollicer  of 
the  crown,  not  by  the  regular  constitutional  mode  of  in- 
dictment before  a  grand  jury.  As  the  fact  is  usually  ad- 
mitted, or  in  general  can  easily  be  proved,  the  office  of 
the  petty  jury  is  nugatorj'.  The  court  then  judges  of  the 
nature  and  e:?itent  of  the  offence,  and  determines  ad  arbi' 
trium  the  quanium  of  the  punishment,  from  a  small  fine 
to  a  heavy  one,  to  repealed  whipping,  to  pillor}',  and  un* 
limited  imprisonment.  Cutting  off  ears  and  noses  migl>L 
still  be  iiiiiicted  by  a  resolute  judge  ;  but  I  vviil  be  candid 
enough  to  suppose  that  penalties,  so  apparently  shocking 
to  hiuTianity,  would  not  be  hazarded  in  these  tiaies.  In 
;iH  other  criminal  prostcutions,  the  jury  decides  upo-i 
ihe  fact  and  the  crime  in  one  word  ;  and  the  couit  \:r 
nounces  a  certain  sentence,  which  is  the  sentence  of  th 
\-\\\%  not  of  the  judge,  if  Lord  Mansfiekrs  doctrine  be 
received,  the  jury  must  either  find  a  verdict  of  acquittal, 
contrary  to  evidence  (which,  I  can  conceive,  might  be 
done  by  very  conscienlious  men,  rather  than  trust  a  fc4- 
low-creature  to  Lord  Mansfield's  mercy,)  of  they  must 
leave  to  ib»e  court  two  offices,  never  but   in  this  instance 

Vl>i'^//^^   rS    Hv'inrr  guilty,  J' n"?   -i-^':^r'!*'^'^  r.'mishment. 

)nest  L:  ■,  ^^  If  the  pa- 

''  |xr  oe  not  cr;  ;->iinal,  the  citKnaant  (^iiic ugh  found  gui!^ 
"•'"  ty  by  his  pean's)  is  in  no  danger,  for.  he  mi^y  move  th 
^'  court  in  arrest  of  judgmtnt."  —  True,  my  good  Lord  ; 
but  v/ho  is  to  determ.ine  upon  the  motion  ?-^Is  not  the 
court  still  to  decide,  whether  judgment  shall  be  entered 
up -or  not  t  and  is  not  the  defendant  this  way  as  effectual- 
ly deprived  of  judgmzentby  his  peers,  as  if  he  were  tried 


10 

in  a  court  of  civil  law,  or  in  the  chambers  of  the  inquis;- 
tion  ?  It  is  you,  my  I^ord,  who  then  try  the  crime,  not 
the  jury.  As  to  the  probable  effect  of  the  motion  in  ar- 
rest of  judgment,  I  shall  only  observe,  that  no  reasonable 
man  would  be  so  eager  to  possess  himself  of  the  invidious 
power  of  inflicting  punishment,  if  he  were  not  predeter- 
mined to  ni ake  use  of  it. 

Again  : — We  are  told,  that  judge  and  jury  have  a  dis- 
tinct omce  ;  — that  the  jury  is  to  find  the  fact,  and  the 
judge  to  deliver  the  law.  De  jitrc  respondfnt  judice^^dc 
facto  jar  at: »  The  diciiim  is  trae,  though  not  in  ihc  sense 
given  to  it  by  Lord  Mansfifid.  The  jury  are  andcubted^ 
[y  to  determine  the  fact,  that  is,  whether  the  defendant 
did  or  did  not  comimit  the  crime  charged  against  him. 
The  judge  pronounces  the  sentence  annexed  bylaw  to 
:hat  fact  so  found  ;  and  if,  in  the  course  of  the  trial,  any 
[juestion  of  lav/ arises,  both  the  counsel  and  the  jury 
Qiust,  of  necessity,  appeal  to  the  judge,  and  leave  it  to  his- 
iecisioi;!.  An  exception,  or  plea  in  bar,  may  be  allov/ed 
by  the  court ;  but  v/hen  issue  is  joined,  and  the  jury  have 
received  their  charge,  it  is  not  possible,  in  the  nature  of 
things,  for  them  to  separate  the  law  from  the  fact,  unless 
^hey  think  proper  to  return  a  special  verdict. 

It  has  also  been  alleged,  that^  although  a  common  jury 
ire  sufHcient  to  determine  a  plain  matter  of  fact,  they  are 
vot  qualified  to  comprehend  the  meaning,  or  to  judge  of 
die  tendency  of  a  seditious  libel.  In  answer  to  this  ob- 
jection (which,  if  well  foimded,  would  prove  nothing  as 
:o  the  strict  right  of  returning  a  general  verdict,)  I  might . 
safely  deny  the  truth  of  the  assertion.  Englishmen  of  that 
rank,  from  which  juries  are  usually  taken,  are  not  so  illit- 
erate as  (to  serve  a  partictilar  purpose)  they  are  now  re- 
presented. Or,  admitting  the  fact,  let  a  special  jury  be 
summoned  in  all  cases  of  diiEculty  and  importance,  and 
the  objection  is  removed.  But  the  truth  is,  that  if  a  pa- 
per, supposed  to  be  a  libel  upon  government,  be  so  ob- 
scurely worded,  that  twelve  common  men  cannot  possibly 
see  the  seditious  meaning  and  tendency  of  it,  it  is  in  effect 
ao  libel.  It'*cannot  inflame  the  minds  of  the  people,  nor 
ilienate  their  affections  from  government ;  for  they  no 
more  understand  what  it  means,  than  if  it  were  published 
tn  a  language  unknown  to  them. 


11 

Upon  the  whole  matter,  it  appears  to  my  understand- 
ing, clear  be\ond  a  doubt,  that  if,  in  any  future  prosecu- 
tion for  a  seditious  libel,  the  jury  should  bring  in  a  verdict 
of  acquittal  not  warranted  by  the  evidence,  it  will  be 
owing  to  the  false  and  absurd  doctrines  laid  down  by 
Lord  Mansfield.  Disgusted  by  the  odious  artifices  made 
use  of  by  the  judge  to  mislead  and  perplex  them,  guard- 
ed against  his  sophistry,  and  convinced  of  the  falsehood  of 
his  assertions,  they  may  perhaps  determine  to  thwart  his 
detc  stable  purpose,  and  defeat  him  at  any  rate.  To  him 
at  least  they  will  do  substantial  justice.— —Whereas,  if 
the  whole  charge,  laid  in  the  information,  be  fairly  and 
honestly  submitted  to  the  jury,  there  is  no  reason  whatso- 
ever to  presume  that  twelve  men,  upon  their  oaths,  will 
not  decide  impartially  between  the  King  and  the  defend- 
ant. The  numerous  instances  in  our  state-trials,  of  ver- 
dicts recovered  for  the  king,  sufficiently  refute  the  false 
and  scandalous  imputations  thrown  by  the  abettors  of  Lord 
Mansfield  upon  the  integrity  of  juries.— But  even  ad- 
mitting the  supposition,  that  in  times  of  universal  discon- 
tent, arising  from  the  notorious  maladministration  of  pub- 
lic affairs,  a  seditious  writer  should  escape  punishment,  it 
makes  nothing  against  my  general  argument.  If  juries 
are  fallible,  to  what  other  tribunal  shall  we  appeal  ? — If 
juries  cannot  safely  be  trusted,  shall  we  unite  the  offices 
of  judge  and  jury,  so  wisely  divided  by  the  constitution, 
and  trust  implicitly  to  Lord  Mansfield  ? — Are  the  judges 
of  the  court  of  King^s  Bench  more  likely  to  be  unbiassed 
and  impartial,  than  twelve  yeomen,  burgesses,  or  gentle- 
men, taken  indifferently  from  the  county  at  large  ? — Or, 
in  short,  shall  there  be  no  decision,  until  we  have  institu- 
ted a  tribunal,  from  which  no  possible  abuse  or  inconve- 
nience whatever  can  arise  ? — If  I  am  not  grossly  mistaken, 
these  questions  carry  a  decisive  answer  along  with  them. 

Having  cleared  the  freedom  of  the  press  from  a  restraint 
equally  unnecessary  and  illegal,  I  return  to  the  use  which 
has  been  made  of  it  in  the  present  publication. 

National  reflections,  I  confess,  are  not  justified  in 
theory,  nor  upon  any  general  principles.  To  know  how 
well  they  are  deserved, and  how  jnstls'  they  hiive  been  ap- 
plied, we  must  have  the  evidence  oi  facts  before  us.  We 
nust  be  conv'^r^.-int  -:v]th  the  Scots  in  private  life,  ?.iid  ob- 


12 

serve  their  principles  of  acting  to  us,  and  to  each  other  j 
— the  characteristic  prudence,  the  selfish  nationality,  the 
indefatigable  smile,  the  persevering  assiduity,  the  everlast- 
ing profession  of  a  discreet  and  moderate  resentment,  it 
the  instance  were  not  too  important  for  an  experiment,  it 
might  not  be  amiss  to  confide  a  little  in  their  integrity. — 
Without  any  abstract  reasoning  upon  causes  and  effects, 
we  shall  soon  be  convinced  by  experience,  that  the  Scots, 
transplanted  from  their  own  country,  are  always  a  dis- 
tinct and  separate  body  from  the  people  who  receive 
them.  In  other  settlements,  they  only  love  themselves  ; 
—In  England,  they  cordially  love  themselves,  and  as  cor- 
dially hate  their  neighbors.  For  the  remainder  of  their 
good  qualities,  I  must  appeal  to  the  reader's  observation, 
unless  he  will  accept  of  my  Lord  Harrington's  authority^ 
In  a  letter  to  the  late  Lord  Melcombe,  published  by  Mr. 
Lee,  he  expresses  himself  with  a  truth  and  accuracy  not 
very  common  in  his  Lordship's  lucubrations:— And  Cock- 
burn,  like  most  of  his  countrymen,  '^  is  as  abject  to  those 
*'  above  him,  as  he  is  insolent  to  those  below  him." — I 
am  far  from  meaning  to  impeach  the  articles  of  the  Union. 
If  the  true  spirit  of  those  articles  were  religiously  adhered 
to,  we  should  not  see  such  a  multitude  of  Scotch  common- 
ers in  the  lower-house,  as  representatives  of  English  bo- 
roughs, while  not  a  single  Scotch  borough  is  ever  repre- 
sented by  an  Englishman.  We  should  not  see  English 
peerages  given  to  Scotch  ladies,  or  to  the  elder  sons  of 
Scotch  peers,  and  the  number  of  sixteen  doubled  and 
trebled  by  a  scandalous  evasion  of  the  act  of  Union.— If 
it  should  ever  be  thought  advisable  to  dissolve  an  act,  the 
vlokui'.)n  or  observance  of  which  is  invariahly  directed  by 
the  advantage  and  interest  of  the  Scots,  1  shall  say,  very 
s-ncertly,  widiSir  Edward  Coke,  ^  ''  Wivt.  noor  England 
''  8tood  alone,  and  had  not  the  access  c  l^jv    king- 

^^  ciom,  2nd  yet  had  more  ana  as  pcncnc  tJuniu'S  as  it 
'^  now  haili,  yet  the  King  of  England  prevailed." 

Some  opinir  n  may  now  be  expected  from  me^  upon  a 
point  of  equal  ddicacy  to  the  vriter,  and  haz:ird  to  the 
printer.      V\'hen  the  character  of  the  chief  :  ite  is 

in  question,  naore  must  be  understood  than  i::.\-.  -  .irly  be 
expressed,  if  it  be  renllv  a  part  of  our  r^^i.^utniioi^j,  1 
not   a  mere  clkiii^i'   o-i  ''      "  '  > 


wrong,  it  is  not  the  only  instance  in  the  wisest  of  hiimaa 
institutions,  where  theory  is  at  variance  with  practice. — » 
That  the  Sovereign  of  this  country  is  not  amenable  to  any 
form  of  trial  known  to  the  laws,  is  unquestionable.  But 
exemption  from  punishment  is  a  singular  privilege  annex- 
ed to  the  royal  character,  and  no  way  excludes  the  possi- 
bility of  deserving  it.  How  long,  and  to  what  extent,  a 
King  of  England  may  be  protected  by  the  forms,  when 
he  violates  the  spirit  of  the  constitution,  deserves  to  be 
considered.  A  mistake  in  this  matter  proved  fatal  to 
Charles  and  his  son. — For  my  own  part,  far  from  think- 
ing that  the  King  can  do  no  wrong,  far  from  suffering 
myself  to  be  deterred  or  imposed  upon  by  the  language 
of  forms  in  opposition  to  the  substantial  evidence  of 
truth,  if  it  w^ere  my  misfortune  to  live  under  the  inauspi- 
cious reign  of  a  prince,  whose  whole  life  was  employed*  in 
one  base  contemptible  struggle  with  the  free  spirit  of  Km 
people,  or  in  the  detestable  endeavour  to  corrupt  theii* 
moral  principles,  I  would  not  scruple  to  declare  to  him, — 
'^  Sir,  You  alone  are  the  author  of  the  greatest  wrong  to 
'^  your  subjects  and  to  yourself.  Instead  of  reigning  in 
"  the  hearts  of  your  people,  instead  of  commanding  their 
*'  lives  and  fortunes  through  the  medium  of  their  affec- 
^'  tions,  has  not  the  strength  of  the  crown,  whether  in- 
*'  fluence  or  prerogative,  been  uniformly  exerted,  for 
"  eleven  years  together,  to  support  a  narrow,  pitiful  sys- 
"  tern  of  government,  which  defeats  itself,  and  answers 
'^  no  one  purpose  of  real  power,  profit,  or  personal  satis- 
"  faction  to  you  ? — With  the  greatest  unappropriated  re- 
"  venue  of  any  prince  in  Europe,  have  we  not  seen  you 
"  reduced  to  such  vile  and  sordid  distresses,  as  would 
"  have  conducted  any  odier  man  to  a  prison  ? — With  a 
"  great  mihtary,  and  the  greatest  naval  power  in  the 
''  known  world,  have  not  foreign  nations  repeatedly  in- 
*'  suited  you  widi  impunity  ?  —  Is  it  not  notorious,  that 
"  the  vast  revenues,  extorted  from  the  labor  and  industry 
'^  of  your  subjects,  and  given  you  to  do  honor  to  your- 
"  self  and  to  the  nation,  are  dissipated  in  corrupting* their 

''  representatives  ? Are  you  a  prince  of  the  house  of 

'!  Hanover,  and  do  you  exch-.de  all  the  leading  Whig  fa^ 
''  miiics  from  your  councils  ? — Do  you  profess  to  govern 
'•  according  to  law  j  and  is  it  consistent  with   that   pro. 

B 


u 

"  fession,  to  impart  your  confidence  and  affection  to  those 
"  men  only,  who,  though  now  perhaps  detached  from 
"  the  desperate  cause  of  the  Pretender,  are  marked  in 
*'  this  country  by  an  hereditary  attachment  to  high  and 
"  arbitrary  principles  of  government  ? — Are  you  so  infa- 
**  tuated  as  to  take  the  sense  of  your  people  from  the  re- 
"  presentation  of  ministers,  or  from  the  shouts  of  a  mob^ 
*'  notoriously  hired  to  surround  your  coach,  or  stationed 
*'  at  a  theatre  I — And  if  you  are,  in  realty,  that  public 
*'  man,  that  King,  that  Magistrate,  which  these  questions 
*'  suppose  you  to  be,  is  it  any  answer  to  your  people,  to 
*'  say,  That  among  your  domestics  you  are  good-humour^ 
*'  ed  ; — that  to  one  lady  you  are  faithful ; — that  to  your 

*'  children  you  are  indulgent  ? Sir,  the  man  who  ad- 

"  dresses  you  in  these  terms  is  your  best  friend.  He 
*'  would  willingly  hazard  his  life  in  defence  of  your  title 
'*  to  the  crown  ;  and,  if  power  be  your  object,  would 
*^  still  show  you  how  possible  it  is  for  a  King  of  England^ 
*'  by  the  noblest  means,  to  be  the  most  absolute  prince  in 
*'  Europe  You  have  no  enemies.  Sir,  but  those  wha 
"  persuade  you  to  aim  at  power  without  right,  and  who 
*'  think  it  flattery  to  tell  you,  that  the  character  of  King 
**  dissolves  the  natural  r/elation  between  guilt  and  punish- 
"  ment." 

I  cannot  conceive  that  there  is  a  heart  so  callous,  or  an 
understanding  so  depraved,  as  to  attend  to  a  discourse  of 
this  nature,  and  not  to  feel  the  force  of  it.  But  where 
is  the  man,  among  those  who  have  access  to  the  closet, 
resolute  and  honest  enough  to  deliver  it  ?  The  liberty  of 
the  press  is  our  only  resource.  It  will  command  an  au* 
dience,  when  every  honest  man  in  the  kingdom  is  ex- 
cluded* This  glorious  privilege  may  be  a  security  to  the 
King,  as  well  as  a  resource  to  his  people.  Had  there 
been  no  star-chamber,  there  would  have  been  no  rebel- 
lion against  Charles  the  First.  The  constant  censure  and 
admonition  of  the  press  w^ould  have  corrected  his  conduct, 
prevented  a  civil  war,  and  saved  him  from  an  ignomini- 
ous death.  I  am  no  friend  to  the  doctrine  of  precedents 
exclusive  of  right;  though  lawyers  often  tell  us,  that 
Vvhatever  has  been  once  done  may  lawfully  be  done 
again. 

I  shall  conclude  this  preface  with  a  quotaticn  appUcQr 


IS 

ble  to  the  subject,  Trom  a  foreign  writer  ^  ;  wliose  essay 
on  the  English  constitution  I  beg  leave  to  recommend  to 
the  public,  as  a  performance  deep,  solid,  and  ingenious. 

'^  In  short,  whoever  considers  what  it  is  that  consti- 
*'  tutes  the  moving  principle  of  what  v/e  call  great  af- 
*'  fairs,  and  the  invincible  sensibility  of  man  to  the  opi^ 
*'  nion  of  his  fellow-creatures,  will  not  hesitate  to  aitirm, 
*^  that  if  it  were  possible  for  the  liberty  of  the  press  to 
*'  exist  in  a  despotic  government,  and  (what  is  not  less 
"  difTicuIt)  for  it  to  exist  without  changing  the  con- 
^'  stitution,  this  liberty  of  the  press  would  alone  form  a 
*'  counterpoise  to  the  power  of  the  prince.  If,  for  ex- 
^'  ample,  in  an  empire  <5f  the  East,  a  sanctuary  could  be 
*'  found,  which,  rendered  respectable  by  the  ancient  re- 
*'  ligion  of  the  people,  might  ensure  safety  to  those  who 
^'  should  bring  thither  their  observations  of  any  kind  ; 
*'  and  that,  from  thence,  printed  papers  should  issue, 
*'  which,  under  a  certain  seal,  might  be  equally  respect- 
**  ed  ;  and  which,  in  their  daily  appearance,  should  ex- 
*'  amine  and  freely  discuss  the  conduct  of  the  Cadis,  the 
^'  Bashaws,  the  Vizir,  the  Divan,  and  the  Sultan  hirh* 
^'  self  J  that  would  introduce  immediately  some  degree  of 
^  liberty/' 


m 


1? 

LETTERS    OF    JUNIUS. 

LETTER  L 

TO  THE  PRINTER  OF  THE  PUBLIC  ADVERTISER* 

fiiR,  January  21,  1769. 

A  HE  submission  of  a  free  people  to  the  execu- 
tive authority  of  government  is  no  more  than  a  compli- 
ance with  laws,  which  they  themselves  have  enacted. 
While  the  national  honour  is  firmly  maintained  abroad^ 
and  while  justice  is  impartially  administered  at  home,  the 
obedience  of  the  subject  will  be  voluntary,  cheerful,  and 
I  might  almost  say  unlimited.  A  generous  nation  is  grate- 
ful even  for  the  preservation  of  its  rights,  and  willingly 
extends  the  respect  due  to  the  office  of  a  good  prince  into 
an  affection  for  his  person.  Loyalty,  in  the  heart  and 
understanding  of  an  Englishman,  is  a  rational  attachment 
to  the  guardian  of  the  laws.  Prejudices  and  passion  have 
sometimes  carried  it  to  a  criminal  length  ;  and,  whatever 
foreigners  may  imagine^  we  know  that  Eglishmen  have 
erred  as  much  in  a  mistaken  zeal  for  particular  persons 
and  families,  as  they  ever  did  in  defence  of  what  they 
thought  most  dear  and  interesting  to  themselves. 

It  naturally  fills  us  with  resentment,  to  see  such  a  tem- 
per insulted  and  abused.  In  reading  the  history  of  a  free 
people,  whose  rights  have  been  invaded,  we  are  interest- 
ed in  their  cause.  Our  own  feelings  tell  us  how  they 
ought  to  have  submitted,  and  at  what  moment  it  "would 
have  been  treachery  to  themselves  not  to  have  resisted* 
How  much  v/armer  will  be  our  resentment,  if  experience 
should  bring  the  fatal  example  home  to  ourselves  ! 

The  situation  of  this  country  is  alarming  enough  to 
rouse  the  attention  of  every  man  who  pretends  to  a  con- 
cern for  the  public  welfare.  Appearances  justify  suspi- 
cion ;  and  when  the  safety  of  a  nation  is  at  stake,  suspi- 
cion is  a  just  ground  of  inquiry.  Let  us  enter  into  it 
nvlth  candour  and  decency.  Respect  is  due  to  the  station 
of  ministers  \  and,  if  a  resolution  must  at  last  be  laken, 

JS2 


18 

there  is  none  so  likely  to  be  supported  with  firnftness  as 
that  which  has  been  adopted  with  moderation. 

The  ruin  or  prosperity  of  a  state  depends  so  much  up- 
on the  administration  of  its  government,  that,  to  be  ac- 
quainted with  the  merit  of  a  ministry,  we  need  only  ob- 
serve the  condition  of  the  people.  If  we  see  them  obe- 
dient to  the  laws,  prosperous  in  their  industry,  united  at 
home,  and  respected  abroad,  we  may  reasonably  presume 
that  their  affairs  are  conducted  by  men  of  experience^ 
abilities,  and  virtue.  If,  on  the  contrary,  we  see  an  uni- 
versal spirit  of  distrust  and  dissatisfaction,  a  rapid  decay 
of  trade,  dissentions  in  all  parts  of  the  empire,  and  a  total 
loss  of  respect  in  the  eyes  of  foreign  powers,  we  may 
pronounce  without  hesitation,  that  the  government  of  that 
<.ountry  is  weak,  distracted,  and  corrupt.  The  multitude, 
in  all  countries,  are  patient  to  a  certain  point.  Ill-usage 
may  rouse  their  indignation, and  hurry  them  into  excesses  ; 
but  the  original  fault  is  in  government.  Perhaps  there 
uever  was  an  instance  of  a  change,  in  the  circumstances 
and  temper  of  a  whole  nation,  so  sudden  and  extraordi* 
nary  as  that  v;hich  the  misconduct  of  ministers  has,  with- 

ihese  few  years,  produced  in  Great  Britain.  When 
-a  p;racious  Sovereign  ascended  the  throne,  we  were  a 
fipiuishingand  a  contented  people.  If  the  personal  vir- 
tues of  a  king  could  have  ensured  the  happiness  of  his 
:subjects,  the  scene  could  not  have  altered  so  entirely  as 
it  has  done.  The  idea  of  uniting  all  parties,  of  trying 
all  characters,  and  distributing  the  offices  of  state  by  ro- 

ion,  was  gracious  and  benevolent  to  an  extreme,  though 
.i,  has  not  yet  produced  the  many  salutary  effects  which 
were  intended  by  it.  To  say  nothing  of  the  wisdom  of 
such  a  plan,  it  undoubtedly  arose  from  an  unbounded 
goodness  of  heart  in  which  folly  had  no  share.  It  was 
not  a  capricious  partiality  to  new  faces  : — it  was  not  a 
rjaturai  turn  for  low  intrigue  ; — nor  was  it  the  treache- 
rous amusement  of  double  and  triple  negotiations.  No, 
Sir  ;  it  arose  from  a  continued  anxiety,  in  the  purest  of 
all  possible  hearts,  for  the  general  welfare.  Unfortunate- 
ly for  us,  the  event  has  not  been  answerable  to  the  dc" 
rj^n.  After  a  rapid  succession  of  changes,  we  are  redu- 
td  to  that  state,  which  hardly  any  change  can  mend. 
^  et  theYe  is  no  extremity  of  distress,  which  of  itself  ouglK 


19 

to  reduce  a  gteat  nation  to  despair.  It  is  not  the  disorder, 
but  the  physician; — it  is  not  a  casual  concurrence  of  ca- 
lamitous circumstances  ; — it  is  the  pernicious  hand  of  go- 
vernment, which  alone  can  make  a  whole  people  despe- 
rate. 

Without  much  political  sagacity>  or  any  extraordinary 
depth  of  observation,  we  need  only  mark  how  the  prin- 
cipal departments  of  the  state  are  bestowed,  and  look  no 
farther  for  the  true  cause  of  every  mischief  that  befals 
us. 

^  The  finances  of  a  nation,  sinking  under  its  debts  and 
expences,  are  committed  to  a  young  nobleman  already 
ruined  by  play.  Introduced  to  act  under  the  auspices  of 
Lord  Chatham,  and  left  at  the  head  of  affairs  by  that 
nobleman^s  retreat,  he  became  minister  by  accident ;  but 
deserting  the  principles  and  professions  which  gave  him  a 
moment's  popularity,  we  see  him,  from  every  honorable 
engagement  to  the  public,  an  apostate  by  design.  As  for 
business,  the  world  yet  knows  nothing  of  his  talents  or 
resolution  ;  unless  a  wayward,  wavering  inconsistency  be 
a  mark  of  genius,  and  caprice  a  demonstration  of  spirit. 
It  may  be  said,  perhaps,  that  it  is  his  Grace's  province, 
as  surely  it  is  his  passion,  rather  to  distribute  than  to  save 
the  public  money ;  and  that  while  Lord  North  is  Chan- 
cellor of  the  Exchequer,  the  First  Lord  of  the  Treasury 
may  be  as  thoughtless  and  extravagant  as  he  pleases.  I 
hope,  however,  he  will  not  rely  too  much  on  the  fertility 
of  Lord  North's  genius  for  finance.  His  Lordship  is  yet 
to  give  us  the  first  proof  of  his  abilities  :  It  may  be  can- 
did to  suppose  that  he  has  hitherto  voluntarily  concealed 
his  talents  ;  intending  perhaps  to  astonish  the  world, 
when  we  least  expect  it,  with  a  knowledge  of  trade,  a 
choice  of  expedients,  and  a  depth  of  resources,  equal  to 
the  necessities,  and  far  beyond  the  hopes,  of  his  country. 
He  must  now  exert  the  whole  power  of  his  capacity,  if 
he  w^ould  wish  us  to  forget,  that  since  he  has  been  in 
office,  no  plan  has  been  formed,  no  s\  stem  adhered  to, 
nor  any  one  important  measure  adopted  for  the  relief  of 
public  credit.  If  his  plan  for  the  service  of  the  current 
year  be  not  irrevocably  fixed  on,  let  me  warn  him  to 
think  seriously  of  the  consequence  before  he  ventures  to  in- 
crease the  public  d'.bt.     Outraged  and  oppressed  as  we 


are,  this  nation  will  not  bear,  after  a  six  years  peace,  to 
5ee  new  millions  borrowed,  without  an  eventual  diminu- 
tion Ox  debt,  or  reduction  of  interest.  The  attempt  might 
rouse  a  spirit  of  resentment  which  might  reach  beyond 
the  sacrifice  of  a  minister.  As  to  the  debt  upon  the  civil 
list,  the  people  of  England  expect  that  it  will  not  be  paid 
without  a  strict  inquiry  how  it  was  incurred.  If  it  must 
be  paid  by  parliament,  let  me  advise  the  Chancellor  of 
the  Exchequer  to  think  of  some  better  expedient  than  a 
lottery.  To  support  an  expensive  war,  or  in  circumstan- 
ces of  absolute  necessity,  a  lottery  may  perhaps  be  allow- 
able ;  but,  besides  that  it  is  at  all  times  the  very  worst 
way  of  raising  money  upon  the  people,  I  think  it  ill  be- 
comes the  Hoyaldignity,  to  have  the  debts  of  a  King  pro- 
vided for,  like  the  repairs  of  a  country  bridge,  or  a  de- 
cayed hospital.  The  management  of  the  King's  affairs 
in  the  House  of  Commons  cannot  be  more  disgraced  than 
it  has  been.  ^  A  leading  minister  repeatedly  called  down 
for  absolute  ignorance  ; — ridiculous  motions  ridiculously 
withdrawn  ;-~deliberate  plans  disconcerted,  and  a  week's 
preparation  of  graceful  oratory  lost  in  a  moment,  give  us 
some,  though  not  adequate  idea,  of  Lord  North's  parlia- 
mentary abilities  and  influence.  Yet  before  he  had  the 
misfortune  cf  being  Chancellor  of  the  Exchequer,  he  was 
i^either  an  object  of  derision  to  his  enemies,  nor  of  mel- 
ancholy pity  to  his  friend  a. 

A  series  of  Inconsistent  measures  has  alienated  the  col- 
onies from  their  duty  as  subjects,  and  from  their  natural 
affection  to  their  common  country.  When  Mr.  Gren- 
ville  was  placed  at  the  head  of  the  I'rt^asury,  he  felt  the 
impossibility  of  Great  Britain's  supporting  such  an  estab- 
lishment as  her  former  successes  had  made  indispensable, 
and  ;it  the  same  time  of  giving  any  sensible  relief  to  fo- 
reign trade,  and  to  the  weight  of  the  public  debt*  Fie 
thought  it  equitable  that  those  paits  of  the  empire  which 
had  been  benefited  most  by  the  expences  of  the  war,  should 
contribute  something  to  the  expence^s  of  the  peace,  and 
he  h'^d  no  doubt  of  the  con&titutional  right  vested  in  par- 
liament to  laise  the  contribution.  But,  unfortunately  for 
this  coiintT  V,  Mr.  Grenvilk  was  at  any  rate  to  be  distres- 
sed becau  v:  he  was  minister,  and  ^;r.  Piit  ^'  and  Lord 
Uambden  were  to  be  the  patrons  of  £ iBerica  because  the^^ 


21 

>vere  in  opposition.  Their  declaration  gave  spirit  and  ar- 
gument to  the  colonies  ;  and  \vhile  perhaps  they  meant 
no  more  than  the  ruin  of  a  minister,  they  in  effect  divid- 
ed one  half  of  the  empire  from  the  other. 

Under  one  administration  the  stamp-act  is  made  ;  un* 
der  the  second,  it  is  repealed  ;  under  the  third,  in  spite 
of  all  experience,  a  new  modti  of  taxing  the  colonies  is 
invented,  and  a  question  revived  which  ought  to  have 
been  buried  in  oblivion.  In  these  circumstances  a  new 
office  is  established  for  the  business  of  the  plantations, 
and  the  Earl  of  Hilsborough  calted  forth,  at  a  most  cri- 
tical season,  to  govern  America.  The  choice  at  least  an- 
nounced to  us  a  man  of  superior  capacity  and  knowledge. 
Whether  he  be  so  or  not,  let  his  dispatches  as  far  as  they 
have  appeared,  let  his  measures  as  far  as  they  have  ope- 
rated, determine  for  him.  In  the  former,  we  have  seen 
strong  assertions  without  proof,  declamation  without  ar- 
gument, and  violent  censures  without  dignity  or  modera- 
tion ;  but  neither  correctness  in  the  composition,  nor 
judgment  in  the  design.  As  for  his  measures,  let  it  be 
remembered,  that  he  was  called  upon  to  conciliate  and 
unite  ;  and  that  when  he  entered  into  office,  the  most  re- 
fractory of  the  colonies  were  still  disposed  to  proceed  by 
the  constitutional  methods  of  petition  and  remonstrance. 
Since  that  period  they  have  been  driven  into  excesses 
little  short  of  rebellion.  Petitions  have  been  hindered 
from  reaching  the  throne  ;  and  the  continuance  of  one 
of  the  principal  assemblies  rested  upon  an  arbitrary  con- 
dition^* ;  wl^ich,  considering  the  temper  they  were  in,  it 
vras  impossible  they  should  comply  with,  and  which  would 
liave  availed  nothing  as  to  the  general  question  if  it  had 
been  complied  with.  So  violent,  and  I  believe  I  may 
call  it  so  unconstitutional,  an  exertion  of  the  prerogative, 
to  say  nothing  of  the  weak  injudicious  terms  in  which  it 
was  conveyed,  gives  us  as  humble  an  opinion  of  his  lord- 
hip's  capacity  as  it  does  of  his  temper  and  moderation, 
rhile  we  are  at  peace  with  other  nations,  our  military 
iorce  may  perhaps  be  spared  to  support  the  Earl  of  Hils- 
borough's  measures  in  America.  Whenever  that  force 
:>ha]l  be  necessarily  withdrawn  or  diminished,  the  dismis- 
sion of  such  a  minister  will  neither  console  us  for  his  im- 
prudence,  nor  remove  the  settled  resentment  of  a  people, 


2S 

whc^  complaining  of  an  act  of  the  legislature,  arc  ©ut- 
raged  by  an  unwarrantable  stretch  of  prerogative,  and, 
supporting  their  claims  by  argument,  are  insulted  with  de- 
clamation • 

Drawing  lots  would  be  a  prudent  and  reasonable  me- 
thod of  appointing  the  officers  of  state,  compared  to  a 
late  disposition  of  the  secretary's  office.  Lord  Rochford 
was  acquainted  with  the  affiiirs  and  temper  of  the  south- 
ern courts  :  Lord  We)  mouth  was  equally  qualified  for 
either  department  ^.  I3y  what  unaccountable  caprice  has 
it  happened,  that  the  kitter,  who  pretends  to  no  experi- 
ence whatsoever,  is  removed  to  the  most  important  of 
the  two  departments,  and  the  former  by  preference  placed 
in  an  office  where  his  experience  can  be  of  no  use  to 
him  i  Lord  Weymouth  had  distinguished  himself  in  his 
iirst  employment  by  a  spirited,  if  not  judicious  conduct. 
He  had  animated  the  civil  magistrate  beyond  the  tone  of 
civil  authority,  and  had  directed  the  operations  of  the 
army  to  more  than  military  execution.  Recovered  from 
the  errors  of  his  youth,  from  the  distraction  of  play,  and 
the  bewitching  smiles  of  Burgundy,  behold  him  exerting 
the  whole  strength  of  his  clear,  unclouded  faculties  in  the 
service  of  the  crown.  It  was  not  the  heat  of  midnight 
excesses,  nor  ignorance  of  the  laws,  nor  the  furious  spirit 
of  the  house  of  Bedford  :  No,  Sir,  when  this  respectable 
minister  interposed  his  authority  between  the  magistrate 
and  the  people,  and  signed  the  mandate,  on  which,  for 
aught  he  knew,  the  lives  of  thousands  depended,  he  did 
it  from  the  deliberate  motion  of  his  heart,  supported  by 
the  best  of  hisjudgment. 

It  has  lately  been  a  fashion  to  pay  a  compliment  to  the 
bravery  and  generosity  of  the  commander  in  chief  ^  at 
the  expence  of  his  understanding-  They  who  love  him 
least  make  no  question  of  his  courage,  while  his  friends 
dwell  chiefly  on  the  facility  of  his  disposition.  Admit- 
ting him  to  be  as  brave  as  a  total  absence  of  all  feeling 
and  reflection  can  make  him,  let  us  see  what  sort  of  merit 
he  derives  from  the  remainder  of  his  character.  If  it  be 
generosity  to  accumulate  in  his  own  person  and  family  a 
number  of  lucrative  employments  ;  to  provide,  at  the 
public  expence,  for  every  creature  that  bears  the  name 
of  Manners  ;  and,  neglecting  the  merit  and  services  of 


2Z 

the  rest  of  the  army,  to  heap  promotions  upon  his  fa» 
V  ourites  and  dependants  ;  the  present  commander  in  chief 
is  the  most  generous  man  alive.  Nature  has  been  spar- 
ing of  her  gifts  to  this  noble  lord  ;  but  where  birth  and 
fortune  are  united,  we  expect  the  noble  pride  and  inde- 
pendence of  a  man  of  spirit,  not  the  servile  humiliating 
complaisance  of  a  courtier.  As  to  the  goodness  of  his 
heart,  if  a  proof  of  it  be  taken  from  the  facility  of  never 
refusing,  what  conclusion  shall  we  draw  from  the  inde- 
cency of  never  performing  ?  And  if  the  discipline  of  the 
army  be  in  any  degree  preserved,  what  thanks  are  due  to 
a  man,  whose  cares,  notoriously  confined  to  filling  up  va- 
cancies, have  degraded  the  office  of  commander  in  chief 
into  a  broker  of  commissions  ? 

With  respect  to  the  navy,  I  shall  only  say,  that  this 
country  is  so  highly  indebted  to  Sir  Edward  Hawke,  that 
no  expence  should  be  spared  to  secure  to  him  an  honour- 
able and  affluent  retreat. 

The  pure  and  impartial  administration  of  justice  is  per- 
haps the  firmest  bond  to  secure  a  cheerful  submission  of 
the  people,  and  to  engage  their  affections  to  government. 
It  is  not  sufficient  that  questions  of  private  right  or  wrong 
are  justly  decided,  nor  that  judges  are  superior  to  the 
vileness  of  pecuniary  corruption.  Jefferies  himself,  whea 
the  court  had  no  interest,  was  an  upright  judge.  A 
court  of  justice  may  be  subject  to  another  sort  of  bias 
more  important  and  pernicious,  as  it  reaches  beyond  the 
interest  of  individuals,  and  affects  the  whole  community. 
A  judge,  under  the  influence  of  government,  may  be 
honest  enough  in  the  decision  of  private  causes,  yet  a , 
traitor  to  the  public.  When  a  victim  is  marked  out  by 
the  ministry,  this  judge  will  offer  himself  to  perform  the 
sacrifice.  He  v»^ill  not  scruple  to  prostitute  his  dignity, 
and  betray  the  sanctity  of  his  office,  whenever  an  arbi- 
trary point  is  to  be  carried  for  government,  or  the  resent- 
ment of  a  court  to  be  gratified. 

These  principles  and  proceedings,  odious  and  con- 
temptible as  they  are,  in  effect  are  no  less  injudicious. 
A  wise  and  generous  people  are  roused  by  every  appear- 
ance of  oppressive,  inconstitutional  measures,  v/hether 
tliose  measures  n:>.  ijported  only  by  the  power  ofgov- 
eriHiKnt,  or  masked  under  the  forms  of  a  court  of  jus- 


24 

tice.  Prudence  and  self-preservation  will  oblige  the  most 
moderate  dispositions  to  make  common  cause,  even  with 
a  man  whose  conduct  they  censure,  if  they  see  him  per- 
secuted in  away  which  the  real  spirit  of  the  laws  will 
not  justify.  The  facts,  on  which  these  remarks  are  found- 
ed, are  too  notorious  to  require  an  application. 

This,  Sir,  is  the  detail.  In  one  view,  behold  a  nation 
overwhelmed  with  debt ;  her  revenues  wasted  ;  her  trade 
declining  ;  the  affections  of  her  colonies  alienated  :  the 
duty  of  the  magistrate  transferred  to  the  soldiery  :  a  gal- 
lant army,  which  never  fought  unwillingly  but  against 
their  fellow-subjects,  mouldering  away  for  want  of  the 
direction  of  a  man  of  common  abilities  and  spirit  ;  and 
in  their  last  instance,  the  administration  of  justice  become 
odious  and  suspected  to  the  whole  body  of  the  people. 
This  deplorable  scene  admits  of  but  one  addition — that 
we  are  governed  by  counsels,  from  which  a  reasonable 
man  can  expect  no  remedy  but  poison,  no  relief  but 
death. 

If,  by  the  immediate  interposition  of  Providence,  it 
w^ere  possible  for  us  to  escape  a  crisis  so  full  of  terror  and 
despair,  posterity  will  not  believe  the  history  of  the  pre- 
sent times.  1  hey  will  either  conclude  that  our  distresses 
w^ere  imaginary,  or  that  we  had  the  good  fortune  to  be 
governed  by  men  of  acknowledged  integrity  and  wisdom  : 
they  w^ill  not  believe  it  possible  that  their  ancestors  could 
have  survived  or  recovered  from  so  desperate  a  condition, 
while  a  Duke  of  Grafton  was  Prime  Minister,  a  Lord 
North  Chancellor  of  the  Exchequer,  a  Weymouth  and  a 
Hilsborough  Secretaries  of  State,  a  Granby  Commander 
in  Chief,  and  Mansfield  chief  criminal  Judge  of  the  king- 
dom. 

Junius. 


LETTER  IL 

To  THE  PRINTER  OF  THE  PUBLIC    ADVERTISER. 

SIR,"  Jan.  26,   irC9. 

The  kingdom  sw^arms  with  such  nurabers  ol  fe- 
lonious robbers  of  private  character  and  vii  Uie,  that  no 
honest  or  good  man  is  safe  \  especially  as  these  cowardly 


26 

base  assassins  5tab  in  the  dark,  without  having  the  courage 
to  sign  their   real  names  to  their  malevolent  and  wicked 
productions.   A  writer,  who  signs  himself  Junius,  in  the 
PubUc  Advertiser  of  the  2 1st  instant,  opens  the  deplorable 
situation  of  his  country  in  a  very  affecting  manner  ;  with 
a  pompous  parade  of  his  candour  and  decency,  he  tells  us, 
that  we  see  dissentions  in  all  parts  of  the  empire,  an  uni- 
versal spirit  of  distrust  and  dissatisfaction,  and  a  total  loss 
of  respect  towards  us  in  the  eyes  of  foreign  powers.     But 
this  writer,  with  all  his  boasted  candour,  has  not  told  us 
the  real  cause  of  the  evils  he  so  pathetically  enumerates. 
I  shall  take  the  liberty  to  explain  the  cause  for  him.     Ju- 
nius and  such  writers  as  himself  occasion  all  the  mischief 
complained  of,  by  falsely  and  maliciously  traducing  the 
best  characters  in  the  kingdom.     For  when  our  deluded 
people  at  home,  and  foreigners  abroad,  read  the  poisonous 
and  inflammatory  libels  that  are  daily  pubUshed  with  im- 
punity, to  vilify  those  who  are  any  way  distinguished  by 
their  good  qualities  and  eminent  virtues  ;  when  they  find 
no   notice   taken  of,  or  reply  given  to,  these  slanderous 
tongues  and  pens  ;  their  conclusion  is,  that  both  the  mini- 
sters and  the  nation  have  been  fairly  described  ;  and  they  act 
accordingly.   I  think  it  therefore  the  duty  of  every  good  ci- 
tizen  to  stand  forth,  and  endeavor  to   undeceive  the  pub- 
lic, when  the  vilest  arts  are  made  use   of  to  defame  and 
blacken  the  brightest  characters  among  us.     An  eminent 
author  affirms  it  to  be  almost  as  criminal  to  hear  a  worthy 
man  traduced,  without  attempting  his  justification,  as  to 
be  the  author  of  the  calumny  against  him.     For  my  own 
part,  I  think  it  a  sort  of  misprision  of  treason  against  so- 
ciety.  No  man,  therefore,  who  knows  Lord  Granby,  can 
possibly  hear  so  good  and  great  a  character  most  vilely 
abused,  without  a  warm  and  just  indignation  against  this 
Junius,  this  high-priest  of  envy,   malice,  and  all  unchari- 
tableness,  who  has   endeavored    to  sacrifice  our  beloved 
commander  in  chief  at  the  altars  of  his  horrid    deities. 
Nor  is  the  injury  done  to  his  lordship   alone,  but  to  the 
whole  nation,  which  may  too  soon  feel  the  contempt,   and 
consequently  the  attacks,  of  our  late  enemies,  if  they  can. 
be  induced  to  believe  that  the  person,  on  whom    the  safe- 
ty of  these  kingdoms  so  much  depends,  is  unequal  to  his 
high  station,  and  destitute  of  those  qualities  which  form  a 

C 


26 

good  geneial.  One  would  have  thought  tliat  his  Icjrd- 
:^hips's  services  in  the  cause  of  his  country,  from  the  battle 
of  Culloden  to  his  most  glorious  conclusion  of  the  late 
war,  might  have  entitled  him  to  common  respect  and 
decehcy  at  least  ;  but  this  uncandid,  indecent  writer,  has 
gone  so  far  as  to  turn  one  of  the  most  amiable  men  of  the 
age  into  a  stupid,  unfeeling,  and  senseless  being ;  possessed 
indeed  of  personal  courage,  but  void  of  those  essential 
qualities  which  distinguish  the  commander  from  the  com- 
mon soldier. 

A  very  long,  uninterrupted,  impartial,  I  will  add  a  most 
disinterested,  friendship  with  Lord  Granby,  gives  me  the 
right  to  affirm,  that  all  Junius's  assertions  are  false  and 
scandalous.  Lord  Granby's  courage,  though  of  the 
brightest  and  most  ardent  kind,  is  among  the  lowest  of 
his  numerous  good  qualities  ;  he  was  formed  to  excel  in 
war  by  nature's  liberality  to  his  mind  as  well  as  person. 
Educated  and  instructed  by  his  most  noble  father,  and  a 
most  spirited  as  well  as  excellent  scholar,  the  present 
Bishop  of  Bangor,  he  was  trained  to  the  nicest  sense  of 
honour,  and  to  the  truest  and  noblest  sort  of  pride,  that 
of  never  doing  or  suffering  a  mean  action.  A  sincere 
love  and  attachment  to  his  king  and  country,  and  to  their 
glory,  first  impelled  him  to  the  field,  where  he  never 
gained  aught  but  honour.  He  impaired,  through  his 
bounty,  his  own  fortune  :  for  his  bounty,  which  tliis  v/rit- 
er  would  in  vain  depreciate,  is  founded  upon  the  noblest 
of  the  human  affections  ;  it  flows  from  a  heart  melting  to 
goodness  from  the  most  refined  humanity^  Can  a  man^ 
who  is  described  as  unfeeling  and  void  of  reflection,  be 
constantly  employed  in  seeking  proper  objects  on  Vvhom 
to  exercise  those  glorious  virtues  of  compass-:  :>  and  gen- 
erosity ?  The  distressed  ofEcer,  the  soldier,  the  »a  idow,  the 
orphan,  and  along  list  besides,  know  that  vanity  has  no 
share  in  his  frequent  donations  ;  he  gives,  because  he  feels 
their  distresses.  Nor  has  he  ever  been  rapacious  with  one 
hand,  to  be  bountiful  with  the  other  :  yet  this  uncandid 
Junius  would  insinuate,  that  the  dignity  of  the  command- 
er in  chief  is  depraved  into  the  base  office  of  comiuission- 
broker  :  that  is.  Lord  Granby  bargains  for  the  s:)le  of 
commissions  ;  for  it  must  have  this  raeaning,  i^'  it  has  any 
at  alL  But  where  is  the  man  living  who  can  j  iKirge 


..xs  ionlsiilp  Vvlih  such  mean  practices  ?  Why  does  not 
Junius  produce  him  ?  Junius  knows  that  he  has  no  other 
means  o(  wounding  this  hero,  than  from  some  missile  wea^ 
pon,  shot  from  an  obscure  corner  :  He  seeks,  as  all  defa- 
matorv  vvrlcers  do, 


I?!  vulgiim  ambiguas- 


to    .  [.icion  in  the  minds  of  the  people.      But  I 

hope  that  my  countrymen  will  be  no  longer  imposed  up- 
on by  artful  and  designing  men,  or  by  wretches,  who, 
bankrupts  in  business,  in  fame,  and  in  fortune,  mean  no- 
thing more  than  to  involve  this  country  in  the  same  com- 
mon ruin  wich  themselves.  -  Hence  it  is,  that  they  are 
constantly  aiming  thtir  dark  and  too  often  fatal  weapons 
against  those  who  stand  forth  as  the-  bulwark  of  our  na- 
tional safety.  Lord  Granby  was  too  conspicuous  a  maik 
not  to  be  their  object.  He  is  next  attacked  for  l>eing  un  • 
faithful  to  his  promises-  and  engagements  :  Where  are  Ju- 
nius's  proofs  ?  Although  I  could  give  some  instances, 
where  a  breach  of  promise  would  be  a  virtue,  especially 
in  the  case  of  those  who  would  pervert  the  open,  unsus- 
pecting moments  of  convivial  mirth,  into  sly,  insidious  ap- 
plications for  preferment  or  party-systems,  and  would  en- 
deavor'to  surprise  a  good  man,  who  cannot  bear  to  see 
any  one  leave  him  dissatisfied,  into  unguarded  promises. 
I^ord  Granby 's  attention  to  his  own  family  and  relations  is 
called  selfish.  Had  he  not  attended  to  them,  when  fair 
and  just  opportunities  presented  themselves,  I  should  have 
thought  him  unfeeling,  and  void  of  reflection  indeed. — 
How  are  any  man's  friends  or  relations  to  be  provided  for 
but  from  the  influence  and  protection  of  the  patron?  It 
is  unfair  to  suppose  that  Lord  Granby 's  friends  have  not  as 
muLH  merit  as  the  friends  of  any  other  great  man  :  If. he 
is  generous  at  the  public  expence,  as  Junius  invidiously 
calls  it,  the  public  is  at  no  more  expence  for  his  lordship's 
friends  than  it  would  be  if  any  other  set  of  men  possessed 
those  offices.     The  charge  is  ridiculous  ! 

I'he  last  charge  against  Lord  Granby,  is  of  a  most  alarm- 
ing nature  indeed.  Junius  asserts,  that  the  army  is  moul- 
dering away  for  w  ant  of  the  direction  of  a  man  of  com- 
mon abilities  and  spirit.  The  present  condition  of  the 
army  gives  the  directest  lie  to  his  assertioaSt  It  was  never 


28 

upon  a  more  respectable  footing  with  regard  to  discipline, 
and  all  the  essentials  that  can  form  good  soldiers.  Lord  Li* 
gonier  delivered  a  firm  and  noble  palladium  of  our  safeties 
into  Lord  Granby's  hands,  who  has  kept  it  in  the  same  good 
order  in  which  he    received  it.     The  strictest    care  has 
been  taken  to  fill  up  the  vacant  commissions,  with  such 
gentlemen  as  have  the  glory  of  their  ancestors  to  support, 
as  well  as  their  own,  and  they  are  doubly  bound  to  the  cause 
of  their  king  and  country,  from  motives  of  private  pro- 
perty as  well  as  public  spirit.     The  adjutant-general,  who 
has  the  immediate  care  of  the  troops  after  Lord  Granby, 
is  an  officer  that  would  do  great  honour  to  any  service  in 
Europe,  for  his  correct  arrangements,  good  sense  and  dis- 
cernment upon   all  occasions,  and  for  a  punctuality  and 
precision  which  give  the   most  entire  satisfaction   to  all 
%vho  are  obliged  to  consult  him.  The  reviewing  generals, 
who  inspect  the  army  twice  a-year,  have  been    selected 
ivith  the  greatest  care,  and  have  answered  the  important 
trust  reposed  in  them  in  the  most  laudable  manner.  Their 
reports  of  the  condition  of  the  army  are  much  more  to  be 
credited  than  those  of  Junius,  whom  I  do  advise  to  atone, 
for  his  shameful  aspersions,  by    asking  pardon    of  Lord 
Granby  and  the  whole  kingdom,  whom    he  has  offended 
by  his  abominable  scandals.     In  short,  to  turn  Junius's 
own  battery  against  him,  I  must  assert,  in  his  own  words, 
*'  that  he  has  given  strong  assertions  v/ithout  proof,  decla- 
*'  mation  without  argument,  and  violent  censures  without 
^'  dignity  or  moderation." 

William  Draper. 


LETTER  in. 

TO  SIR  WILLIAM  DRAPER,  KNIGHT  OF  THE  BATH. 

r,^  Feb.  7,  1769. 

Your  defence  of  Lord  Granby  does  honour  to 
.  .  Kiness  of  your  heart.  You  feel,  as  you  ought  to 
do.  for  the  reputation  of  your  friend,  and  you  express 
yourself  in  the  vv^armest  language  of  your  passions.  In  any 
a  her  cause,  I  doubt  not,  you  would  have  cautiously 
weighed  the  consequences  of  committing  your  name  to 
the  licentious  discourses  and  malignant  opinions   of  the 


'29 

world.  Bat  here  I  presume,  you  thought  it  would  be  . 
breach  of  friendship  to  lose  one  moment  in  consulting 
your  understanding :  as  if  an  appeal  to  the  public  were 
no  more  ihan  a  military  coup  de  maiii^  where  a  brave  man 
has  no  rules  to  follow  but  the  dictates  of  his  courage. — 
Touched  with  your  generosity,!  freely  forgive  the  excesses 
into  which  it  has  led  you  :  and,  far  from  resenting  those 
terms  of  reproach,  which,  considering  that  you  are  an  ad- 
vocate for  decorum,  you  have  heaped  upon  me  rather  too 
liberally,  I  place  them  to  the  account  of  an  honest  unre- 
flecting indignation,  in  which  your  cooler  judgment  and 
natural  politeness  had  no  concern,  I  approve  of  the  spi- 
rit with  which  you  have  given  your  name  to  the  public  ; 
and,  if  it  were  a  proof  of  any  thing  but  spirit,  I  should 
have  thought  myself  bound  to  follow  your  example,  I 
should  have  hoped  that  even  my  name  might  have  carried 
some  authority  with  it,  if  I  had  not  seen  how  very  little 
weight  or  consideration  a  printed  paper  receives  evea  from 
the  respectable  signature  of  Sir  William  Draper. 

You  begin  with  a  general  assertion,  that  writers,  sucli 
as  I  am,  are  the  real  cause  of  all  the  public  evils  we  com- 
plain of.  And  do  you  really  think.  Sir  William,  that  the 
licentious  pen  of  a  political  writer  is  able  to  produce  such- 
important  effects  ?   A  little  calm  reflection    might    have 
shown  you,  that  national  calamities  do  not  arise  from  the 
description,  but  from  the  real  character  and  conduct    of 
ministers.   To  have  supported  your  assertion,  you  should 
have  proved  that  the  present  ministry  are  unquestionably 
the  best  and  brightest  characters  of  the    kingdom  ;  and 
that,  if  tha  ailections  of  the  colonies  have  been  alienated, 
if  Corsica  has  been  shamefully  abandoned,  if  commerce 
languishes,  if  public  credit  is  threatened  with  a  new  debt, 
and  your  own  Manilla  ransom  most  dishonorably  given 
up,  it  has  all  been  owing  to  the  malice  of  political    wi  1- 
ters,  who  will  not  suffer  the  best  and  brightest  characters 
(meaning  still  the  present  ministry)  to  take  a  single  rlghr 
t>:ep  for  the  honour  or  interest  of  the  nation.  But  it  seems 
you  were  a  little  tender  of  coming  to  particulars.     Your 
consci-iice    insinuated  to  you,  that  it  would  he    prudent 
.3  characters  of  Grid\on,   North,    lilloborougS, 
-:.'  -'r~r^.  ':l  -  -'-  for  then".  -  : ;  '  :  ^^4 


30 

truly,  Sir  William,  the  part  you  have  undertaken   Is   at 
least  as  much  as  you  are  equal  to. 

Without  disputing  Lord  Granby's  courage,  we  are  yet 
to  learn  in  what  articles  of  military  knowledge  nature  has 
been  so  very  liberal  to  his  mind.  If  you  have  served  with 
him,  you  ought  to  have  pointed  out  some  instances  of  able 
disposition  and  well  concerted  enterprise,  which  might 
fairly  be  attributed  to  his  capacity  as  a  general.  It  is  you, 
Sir  William,  who  make  your  friend  appear  awkward  and 
ridiculous,  by  giving  him  a  laced  suit  of  tawdry  qualifica- 
tions, which  nature  never  intended  him  to  wear. 

You  say  he  has  acquired  nothing  but  honour  in  the 
field.  Is  the  Ordnance  nothing  ?  Arc  the  Blues  nothing  ? 
Is  the  command  of  the  army,  with  all  the  patronage  an- 
nexed to  it,  nothing  ?  Where  he  got  these  nothings,  i 
know  not ;  but  you  at  least  ought  to  have  told  us  where 
he  deserved  them. 

As  to  his  bounty,  compassion,  &c.  it  would  have  been 
but  little  to  the  purpose,  though  you  had  proved  all  that 
you  have  asserted.  I  meddle  with  nothing  but  his  cha- 
racter as  commander  in  chief;  and,  though  I  acquit  him 
of  the  baseness  of  selling  commissions,  I  still  assert  that  his 
military  cares  have  never  extended  beyond  the  disposal  of 
vacancies  ;  and  I  am  justified  by  the  complaints  of  the 
whole  army,  when  I  say,  that  in  this  distribution  he  con- 
sults nothing  but  parliamentary  interest,  or  the  gratifica- 
tion of  his  immediate  dependants.  As  to  his  servile  sub- 
mission to  the  reigning  ministry,  let  me  ask  whether  he 
did  not  desert  the  cause  of  the  whole  army  when  he  suf- 
fered Sir  JefFerey  Amherst  to  be  sacrificed,  and  what 
share  he  had  in  recalling  that  officer  to  the  service  ?  Did 
he  not  betray  the  just  interest  of  the  army,  in  permitting 
Lord  Percy  to  have  a  regiment  ?  And  does  he  not  at  this 
moment  give  up  all  character  and  dignity  as  a  gentleman, 
in  recediiDg  from  his  own  repeated  declarations  in  favour 
of  Mr.  Wilkes  ? 

In  the  two  next  articles  I  think  we  are  agreed.  You 
candidly  admit  that  he  often  makes  such  promises  as  it  is 
a  virtue  in  him  to  violate,  and  that  no  man  is  more  assi- 
duous to  provide  for  his  relations  at  the  public  expence. 
I  did  not  urge  the  last  as  an  absplute  vice  in  his  disposi- 


51 

tion,  but  to  prove  that  a  careless  disinterested  spirit  is  no 
part  of  his  character  ;  and  as  to  the  other,  I  desire  it  may 
be  remembered  that  I  never  descended  to  the  indecency 
of  inquiring  into  his  convivial  hours.  It  is  you,  Sir  Wil- 
liam Draper,  who  have  taken  care  to  represent  your  friend 
in  the  character  of  a  drunken  landlord,  who  deals  out  his 
promises  as  liberally  as  his  liquor,  and  will  suffer  no  man 
to  leave  his  table  either  sorrowful  or  sober.  None  but  an 
intimate  friend,  who  must  frequently  have  seen  him  in 
these  unhappy,  disgraceful  moments,  could  have  described 
him  so  well. 

The  last  charge,  of  the  neglect  of  the  army,  is  indeed 
the  most  material  of  all.  I  am  sorry  to  tell  you.  Sir  Wil- 
liam, that,  in  this  article,  your  first  fact  is  false  ;  and  as 
there  is  nothing  more  painful  to  me  than  to  give  a  direct 
contradiction  to  a  gentleman  of  your  appearance,  I  could 
wish  that,  in  your  future  publications,  you  would  pay  a 
greater  attention  to  the  truth  of  your  premises,  before 
you  suffer  your  genius  to  hurry  you  to  a  conclusion. 
Lord  Ligonier  did  not  deliver  the  army  (which  you,  in 
classical  language,  are  pleased  to  call  a  palladium)  into 
Lord  Granby's  hands.  It  was  taken  from  him  much 
against  his  inclination,  some  two  or  three  years  before 
Lord  Granby  was  commander  in  chief.  As  to  the  state 
of  the  army,  I  should  be  glad  to  know  where  3'ou  have 
received  your  intelligence.  Was  it  in  the  rooms  at  Bath, 
or  at  your  retreat  at  Clifton  ?  The  reports  of  reviewing 
generals  comprehend  only  a  few  regiments  in  England, 
which,  as  they  are  immediately  under  the  royal  inspec- 
tion, are  perhaps  in  some  tolerable  order.  But  do  you 
know  any  thing  of  the  troops  In  the  VVest  Indies,  the 
Mediterranean,  and  North  America,  to  say  nothing  of  a 
whole  army  absolutely  ruined  in  Ireland  ?  Inquire  a  little 
into  facts,  Sir  William,  before  you  publish  your  next  pa- 
negyric upon  Lord  Granby  ;  and  believe  me,  you  will 
find  there  is  a  fault  at  head-quarters,  which  even  the  ac* 
knowledged  care  and  abilities  of  the  adjutant-general  can- 
not correct. 

Permit  me  now,  Sir  William,  to  adJrecs  myself  person- 
ally to  you,  by  way  of  thanks  for  the  honor  of  your  cor- 
respondence. You  are  by  no  means  undeserving  of  no- 
tice ;  ^ad  it  may  be  of  consequence  even  to  Lord  Gyanby 


to  have  it  determinecl^  whether  or  no  the  man,  who  has 
praised  him  so  lavishly,  be  himself  deserving  of  praise. 
When  you  returned  to  Europe,  you  zealously  undertook 
the  cause  of  that  gallant  army,  by  whose  bravery  at  Ma- 
nilla your  own  fortune  had  been  established.  You  com- 
plained, you  threatened,  you  even  appealed  to  the  public 
in  print.  By  what  accident  did  it  happen,  that,  in  the 
midst  of  all  this  bustle,  and  all  these  clamours  for  justice 
to  your  injured  troops,  the  name  of  the  Manilla  ransom 
was  suddenly  buried  in  a  profound,  and,  smce  that  time, 
an  uninterrupted  silence  ?  Did  the  ministry  suggest  any 
motives  to  you,  strong  enough  to  tempt  a  man  of  honour 
to  desert  and  betray  the  cause  of  his  fellow-soldiers  ?  Was 
it?  that  blushing  ribband,  which  is  now  the  perpetual  or- 
nament of  your  person  ?  Or  was  it  that  regiment,  which 
you  afterwards  (a  thing  unprecedented  among  soldiers) 
sold  to  Colonel  Gisborne  ?  Or  was  it  that  government, 
the  full  pay  of  which  you  are  contented  to  hold,  with  the 
half-#pay  of  an  I^rish  colonel  ?  And  do  you  now,  after  a 
retreat  not  very  like  that  of  Scipio,  presume  to  intrude 
yourself,  unthought  of,  uncalled  for,  upon  the  patience 
of  the  public  ?  Are  your  flatteries  of  the  commander  in 
chief  directed  to  another  regiment,  which  you  may  again 
dispose  of  on  the  same  honourable  terms  ?  We  know  your 
prudence,  Sir  William,  and  I  should  be  sorry  to  stop  your 
preferment. 

JUxNicrs^ 


LETTER  IV. 

TO    JUNIUS. 

■..^,  Fee?,  ir,  1769. 

I  E-ECEiVED  Janius'^s  favour,  last  night :  he  is 
determined  to  keep  his  advantage  by  the  help  of  his  mask  ; 
it  is  an  excellent  protection,  it  has  saved  many  a  man 
iroiXi  an  uutirn' ly  end.  But  v/hciievtrr  he  will  be  honest 
cnou^'h  to  lay  it  aside,  avow  himself,  and  produce  the  face 
which  has  so  long  lurked  behind  it.  tlie  world  Vv  ill  be  able 

o^  his  motives  for  writinr; 
i.v\.5.      ^Ias  real  name  will  discover  li..:,  .r.LuOiu  au^i  iiiu^.- 
peudcnc}'^  or  his  servility  to  a  faction*  Disappointed  am^ 


bition,  resentment  for  defeated  hopes,  and  desire  of  re* 
venge,  assume  but  too  often  the  appearance  of  public  spi- 
rit ;  but  be  his  designs  wicked  or  charitable,  Jvmius  should 
learn  that  it  is  possible  to  condemn  measures,  without  a 
barbarous  and  criminal  outrage  against  men.  Junius  de- 
lights to  mangle  carcases  with  a  hatchet  ;  his  language 
and  instrument  have  a  great  connexion  with  Clare- Mar- 
ket ;  and,  to  do  him  justice,  he  handles  his  weapon  most 
admirably.  One  would  imagine  he  had  been  taught  to 
throw  It  by  the  savages  of  America*  It  is  therefore  high 
time  for  me  to  step  in  once  more  to  shield  my  friend  from 
this  merciless  weapon,  although  I  may  be  wounded  in  the 
attempt.  But  I  must  first  ask  Junius,  by  what  forced  ana- 
logy and  construction  the  moments  of  convivial  mirth  are 
made  to  signify  indecency,  a  violation  of  engagements,  a 
drunken  landlord,  and  a  desire  that  every  one  in  company 
should  be  drunk  likewise  ?  He  must  have  culled  all  the 
flowers  of  St.  Giles's  and  Billingsgate  to  have  produced 
such  a  piece  of  oratory.  Here  the  hatchet  descends  with 
tenfold  vengeance  ;  but,  alas  !  it  hurts  no  one  but  its 
master  !  For  Junius  must  not  think  to  put  words  into  my 
mouth,  that  seem  too  foul  even  for  his  own. 

jMy  friend's  political  engagements  I  know  not;  so  can- 
not pretend  to  explain  them,  or  assert  their  consistency. 
I  know  not  whether  Junius  be  considerable  enough  to 
belong  to  any  party  ;  if  he  should  be  so,  can  lie  affirm 
that  he  has  always  adhered  to  one  set  of  men  and  mea- 
sures ?  Is  he  sure  that  he  has  never  sided  with  those  whom 
he  was  first  hired  to  abuse  ?  Has  he  never  abused  those 
he  was  hired  to  praise  ?  To  say  the  truth,  most  men's  po- 
litics sit  much  too  loosely  about  them.  But  as  my  friend's 
mihtary  character  Vv'as  the  chief  object  that  engaged  me 
in  this  controversy,  to  that  I  shall  return. 

Junius  asks  what  instances  my  friend  has  given  of  his 
military  skill  and  capacity  as  a  general  ?  When  and  where 
he  gained  his  honour  ?  When  he  deserved  his  emolu- 
'  ments  ?  The  united  voice  of  the  army  which  served  un- 
der him,  the  glorious  testimony  of  Prince  Ferdinand,  and 
of  vanquished  enemies,  all  Germany  will  tell  him.  Ju- 
nius repeats  the  complaints  of  the  army  against  parlia- 
mentary influence.  I  love  the  army  too  w^ell  not  to  wish 
that  such  influence  were  less.     Let  Junius  point  out  the 


time  when  it  has  not  prevailed.  It  was  of  the  least  force 
in  the  time  of  th:it  great  man,  the  late  Duke  of  Cumber- 
land,  who,  as  a  prince  of  the  blood,  was  able  as  well  as 
\villing  to  stem  a  torrent  which  would  have  overborne 
any  private  srJ^ject.  In  time  of  war,  this  influence  is 
small.  In  peace,  when  discontent  and  faction  have  the 
surest  means  to  opt  rate,  especially  in  this  country,  and 
when,  from  a  scarcity  of  public  spirit,  the  wheels  of  go- 
vernment are  rarely  moved  but  by  tbe  power  and  force 
of  obligations,  its  weight  is  always  too  great.  Yet,  if 
tiiis  influence  at  present  has  done  no  greater  haim  than 
the  placing  Earl  Percy  at  the  head  of  a  regiment,  I  do 
not  think  that  either  the  rights  or  best  interests  of  the 
army  are  sacri'ficed  and  beti-ayed,  or  the  nation  undone. 
Letnie  ask  Junius  if  he  knov/s  any  one  nobleman  in  the 
army  who  has  had  a  regiment  by  seniority  ?  I  feel  myself 
happy  in  seeing  young  noblemen  of  illustrious  name  and 
great  property  come  among  us.  They  are  an  additional 
security  to  the  kingdom  from  foreign  or  domestic  slavery* 
Junius  needs  not  be  told,  that,  should  the  time  ever  come 
when  this  nation  is  to  be  defended  only  by  those  who 
have  nothing  more  to  lose  than  their  arms  and  their  pay, 
its  danger  will  be  great  indeed.  A  happy  mixture  of  men 
of  quality  wirh  soldiers  of  fortune  is  always  to  be  wished 
for.  hiil  the  main  point  is  still  to  be  contended  for,  I 
mean  the  discipline  and  condition  of  the  army  ;  and  I 
must  still  maintain,  though  contradicted  by  Junius,  that 
it  was  never  upon  a  more  respectable  footing,  as  to  all 
the^isscntials  that  can  form  good  soldiers,  than  it  is  at 
present.  Junius  is  forced  to  allow  that  our  army  at  home 
■\y  be  in  some  tolerable  order  ;  yet  how  kindly  does  he 
;  ite  our  late  enemiies  to  the  invasion  of  Ireland,  by  as- 
suring them  that  the  army  in  that  kingdom  is  totally  ruin- 
ed i  (i  he  colonels  of  that  army  are  much  obliged  to  him») 
I  have  too  great  an  opinion  of  the  military  talents  of  the 
lord  lieutenant,  and  of  all  their  diligence  and  capacity,  to 
believe  it.  If  from  somiC  strange,  unaccountable  fatality, 
the  people  of  that  kingdom  cannot  be  induced  to  consult 
their  own  security  by  such  an  effectual  augmentation  as 
may  enable  the  troops  there  to  act^^ilt  pSwef  and  ener- 
.gy,  is  the  commander  in  chief  here  to-  ^blaipe  ?..Or  is  he 
to  blanie,  because  the  troops  in  the  MedVterranean,  in  tlic 


West  Indies,  In  America,  labour  under  gi'eat  difficulties 
from  the  scarcity  of  men,  which  is  but  too  visible  all  over 
these  kingdoms  ?  Many  of  our  forces  are  in  climates  un- 
favorable to  British  constitutions  ;  thrirloss  is  in  propor- 
tion. Britain  must  recruit  all  these  regiments  from  her 
own  emaciated  bosom,  or  more  precariously,  by  Catho- 
lics from  Ireland.  We  are  likewise  subject  to  the  fatal 
drains  to  the  East  Indies,  to  Senegal,  and  the  alarming 
emigrations  of  our  people  to  other  countries  :  Such  depo- 
pulation can  only  be  repaired  by  a  long  peace,  or  by  some 
sensible  bill  of  naturalization. 

I  must  now  take  the  liberty  to  talk  to  Junius  on  my 
own  account.  He  is  pleased  to  tell  me  that  he  addresses 
himself  to  me  personally  ;  I  shall  be  glad  to  see  him.  It 
is  his  impersonality  that  I  complain  of,  and  his  invisible 
attacks  :  for  his  dagger  in  the  air  is  only  to  be  regarded 
because  one  cannot  see  the  hand  which  holds  it ;  but  had 
it  not  wounded  other  people  more  deeply  than  myself,  I 
should  not  have  obtruded  myself  at  all  on  the  patience  of 
the  public, 

Mark  how  a  plain  tale  shall  put  him  down,  and  trans- 
fuse the  blush  of  my  ribband  into  his  own  cheeks.  Ju- 
nius tells  me,  that,  at  my  return,  I  zealously  undertook 
the  cause  of  the  gallant  army  by  whose  bravery  at  Ma- 
nilla my  own  fortunes  were  established  :  that  I  complain- 
ed, tliat  I  even  appealed  to  the  public.  I  did  so  ;  I  glory 
in  having  done  so,  as  I  had  an  undoubted  right  to  vindi- 
cate my  own  character,  attacked  by  a  Spanish  memorial, 
and  to  assert  the  rights  of  my  brave  companions.  I  glory 
likewise  that  J  have  never  taken  up  my  pen  but  to  vindi- 
cate the  injured.  Junius  asks  by  what  accident  did  it 
happen,  that  in  the  midst  of  all  tliis  bustle,  and  all  the 
clamours  for  justice  to  the  injured  troops,  the  Manilla 
ransom  was  suddenly  buried  in  a  profound,  and,  since 
that  time,  an  lu^anterruptcd  silence?  I  will  explain  tlie 
cause  to  the  public.  The  several  ministers  v/ho  have 
been  emiPloyed  since  that  time  have  been  very  desirous  to 
dp  justice,  from  two  most  laudable  motives,  a  strong  in- 
clination to  assist  injured  bravery, and  to  acquire  a  weil- 
deserved  popularity  to  t'l.  mselves.  Thtir  efforts  have 
been  in  vain,  ^ome  v  cr:-  '.neenuous  enough  to  own  that 
thev  could  not  think  of  i  :;;L  :U.-trcs;:L!]  :mt:on  in- 


56 

to  another  war  for  our  private  concerns*  In  short,  our 
rights  for  the  present  are  sacrificed  to  national  conve- 
nience ;  and  I  must  confess,  that  although  I  may  lose  five 
and  twenty  thousand  pounds  by  their  acquiescence  to  this 
breach  of  faith  in  the  Spaniards,  I  think  they  are  in  the 
right  to  temporize,  considering  the  critical  situation  of 
this  country,  convulsed  in  every  part  by  poison  infused 
by  anonymous,  wicked  and  incendiary  writers.  Lord 
Shelburne  will  do  me  the  justice  to  own,  that,  in  Sep- 
tember last,  I  waited  upon  him  with  a  joint  memorial 
from  the  admiral  Sir  S.  Cornish  and  myself,  in  behalf  gf 
our  injured  companions.  His  Lordship  was  as  frank  upon 
the  occasion  as  other  secretaries  had  been  before  him» 
He  did  not  deceive  us  by  giving  any  immediate  hopes  of 
relief. 

Junius  would  basely  insinuate  that  my  silence  may  have 
been  purchased  by  my  government,  by  my  blushing  rib* 
band,  by  my  regiment,  by  the  sale  of  that  regiment,  and 
by  half-pay  as  an  Irish  colonel. 

His  majesty  was  pleased  to  give  me  my  government 
for  my  service  at  Madras.  I  had  my  first  regiment  in 
1757.  Upon  my  return  from  Manilla,  his  Majesty,  by 
Lord  Egremont,  informed  me  that  I  should  have  the  first 
vacant  red  ribband,  as  a  reward  for  many  services  in  an 
enterprise,  which  1  had  planned  as  well  as  executed.  The 
Duke  of  Bedford  and  Mr.  Grenville  confirmed  those  as- 
surances many  months  before  the  Spaniards  had  protest- 
ed  the  ransom  bills.  To  accommodate  Lord  Ciive,  then 
going  upon  a  most  important  service  to  Bengal,  I  waved 
my  claim  to  the  vacancy  which  then  happen. od.  As  there 
was  no  other  vacancy  until  the  Duke  of  Grafton  and  Lord 
Rockingham  were  joint  ministers,  I  was  then  honored 
with  the  order :  and  it  is  surely  no  small  honour  to  me, 
that,  in  such  a  succession  cf  ministers,  they  were  all  pleas- 
ed to  think  that  I  had  deserved  it  ;  in  my  favor  they 
were  all  united.  L^pon  the  reduction  of  the  79th  regi- 
ment, which  had  served  so  gloriouslj  in  the  Ea.'>t  Indies, 
his  Majesty,  unsolicited  by  me,  gave  me  the  16th  of  foot 
ascin  equivalent.  My  motives  for  retiring  afterwards  are 
"  )reign  to  the  purpose  :  let  it  sufnce,  that  his  Majesty  was 
pleased  to  approve  of  them  ;  they  are  such  as  no  man  can 
think  indecent,  who  knows  the  shocks  that  repeated  vi- 


3'/ 

cissitudes  of  heat  and  cold,  of  dangerous  and  sickly  err 
mates,  will  give  to  the  best  constitutions  in  a  pretty  lon^ 
coarse  of  service.  I  resigned  my  regiment  to  Colonel 
Gisborne,  a  very  good  officer,  for  his  half  pay,  2001*  Irish 
annuity  ;  so  that,  according  to  Junius,  I  have  been  bribed 
to  say  nothing  more  of  the  Manilla  ransom,  and  sacrifice 
those  brave  men,  by  the  strange  avarice  of  accepting  three 
hundred  and  eighty  pounds  per  annum,  and  giving  up 
eight  hundred !  If  this  be  bribery,  it  is  not  the  bribery 
of  these  times.  As  to  my  flattery,  those  who  know  me  will 
judge  of  it.  By  the  asperity  of  Junius's  style,  I  cannot 
indeed  call  him  a  flatterer,  unless  he  be  as  a  cynic,  or  a 
mastiff;  if  he  wags  his  tail,  he  will  still  growl,  and  long 
to  bite.  The  public  will  now  judge  of  the  credit  that 
ought  to  be  given  to  Junius's  writings,  from  the  falsities 
that  he  has  insinuated  with  respect  to  myself. 

William  Draper. 


LETTER  V. 

TO  SIR  WILLIAM  DRAPER,  KNIGHT  OF  THE  BATK. 

•SIR,  Feb.  21,  ir69. 

I  SHOULD  justly  be  suspected  of  acting  upon 
motives  of  more  than  common  enmity  to  Lord  Granby, 
if  I  continued  to  give  you  fresh  materials  or  occasion  for 
writing  in  his  defence.  Individuals  who  hate,  and  the 
public  who  despise,  have  read  your  letters.  Sir  William, 
with  infinitely  more  satisfaction  than  mine.  Unforti>- 
nately  for  him,  his  reputation,  like  that  unhappy  country 
to  which  you  refer  me  for  his  last  military  achievements, 
has  suffered  more  by  his  frieuds  than  his  enemies.  In 
mercy,  to  him,  let  us  drop  the  subject.  For  my  own  part, 
I  willingly  leave  it  to  the  public  to  determine  whether 
your  vindication  of  your  friend  has  been  as  able  and  ju- 
dicious, as  it  was  certainly  well  intended  ;  and  you,  I 
think,  may  be  satisfied  with  the  warm  acknowledgments 
he  already  owes  you  for  making  him  the  principal  figure 
in  a  piece,  in  which,  but  for  your  amicable  assistance,  he 
might  have  passed  without  particular  notice  or  distinc- 
tion. 

In  justice  to  your  friends,  let  vour  future  labours  h<^ 

D 


voriiined  to  the  care  of  your  own  reputation.     Your  de- 
elaration,  that  you  are  happy  in  seeing  young  noblemen 
eome  among  us,  is  liable  to  two  objections.  With  respect 
to  Lord  Percy,  it  means  nothing,  for  he  was  already  in 
the  army.  ^  He  was  aid-de-camp  to    the  King,    and  had 
the  rank  of  Colonel.     A    regiment  therefore   could   not 
make  him  a  more  military    man,   though  it  made   him 
richer,  and  probably  at  the  expence  of  some    brave,  de- 
serving, friendless  officer.— The  other  concerns  yourself^ 
— After  seUing  the  companions  of  your  victory  in  one  in- 
stance, and  after  selling  your  profession  in  the  other,  by 
what  authority  do  you  presume  to  call  yourself  a  soldier  ? 
The  plain  evidence  of  facts  is  superior  to  all  declarations. 
Before  you  were  appointed  to  the   16th   regiment,  your 
Complaints  were  a  distress  to  government ; — fronn  that 
moment  you  were  silent.     The  conclusion  is  inevitable. 
You  insinuate  to  us  that  your  ill  state  of  health  obliged 
you  to  quit  the  service.     The  retirement  necessary  to  re-^ 
pair  a  broken  constitution,  would  have  been  as  good   a 
i'eason  for  not  accepting,  as,  for  resigning  the  command 
of  a  regiment.  There  is  certainly    an  error  of  the  press, 
or  an  affected  obscurity  in    that  paragraph,  where   you 
speak  of  your  bargain  with  Colonel  Gisborne.     In^ead  of 
attempting  to  answer  what   I  do  not  really  understand^ 
permit  me  to  explain  to  the  public  what  I  really  know. 
In  exchange  far  your  regiment,  you  accepted  o^  a  colo- 
nel's half-pay  (at  least   22QL  a-year,)  and   an  annuity  of 
2001.  for  your  own  and  Lady  Draper'^s  life  jointly. — And 
is  this  the  losing  bargain,  which  you  would  represent  to 
us,  as  if  you  had  given  up  an  income  of  8001.  a-year  for 
S-SOl.  ?     Was  it   decent,    was  it  honourable,  in    a  man 
who  pretends  to  love  the  army,  and  calls  himself  a    sol* 
dier,  to  make  a  traffic  of  the  royal  favour,  and  turn  the 
highest  honour  of  an  active  profession  into  a  sordid  pro- 
vision for  himself  and  his  family  ^  It  were  unwortliy   of 
me  to  press  you  farther.     The  contempt  wiih  vvhii  h  the 
whole  army  heard  of  the  manner  of  your  retreat  assures 
tne,  that  as  your  conduct  was  not  justified  by  precedent, 
it  will  never  be  thought  an  exau.ple  for  imitation. 

The  last  and  most  important  question  remains.  When 
you  receive  your  half-pay,  do  you,  or  do  you  not  take  a 
f^olemn  oath,  or  sign  a  declaration  upon  your  honour^  to 


tne  following  eftect  ?  "  That  you  do  not  actually  hol3  any 
^'  place  of  profit,  civil  or  military,  under  his  Majesty.'^  The 
charge  which  the  question  plainly  conveys  against  you,  is 
of  so  shocking  a  complexion,  that  I  sincerely  wish  you 
may  be  able  to  answer  it  well,  not  merely  for  the  colour 
of  your  reputation,  but  for  your  own  peace  of  mind. 

Junius* 

LETTER  VL 

TO    JUNIUS. 

SIR,  Feb.  sr,  1769. 

I  KAVE  a  very  short  answer  for  Junius's  impor- 
tant  question  ;  I  do  not  either  take  an  oath,  or  declare  up- 
on honour,  that  I  have  no  place  of  profit,  civil  or  mili- 
tary, when  I  receive  the  half-pay  as  an  Irish  colonel. — 
IMy  niost  gracious  Sovereign  gives  it  me  as  a  pension  ; 
he  was  pleased  to  think  I  deserved  it.  The  annuity  of 
2001.  Irish,  and  the  equivalent  for  the  half-pay,  together, 
produce  no  more  than  3801.  per  annum,  clear  of  fees  and 
perquisites  of  ofnce.  I  receive  1671.  from  my  govern- 
ment of  Yarmouth.  Total  5471.  per  annum.  My  con- 
st ience  is  much  at  ease  in  these  particulars ;  my  friends 
need  not  blush  for  nie. 

J  anius  makes  much  and  frequent  use  of  interrogations  : 
they  are  arms  that  may  be  easily  turned  against  himself. 
I  could,  by  m.alicious  interrogation,  disturb  the  peace  of 
the  most  virtuous  mim  in  the  kingdom.  I  could  take  th© 
decalogue,  and  say  to  one  man.  Did  you  never  steal  ? 
To  the  next,  Did  you  never  commit  murder  ?  And  to 
Junius  himself,  who  is  putting  my  life  and  conduct  to 
the  rack,  Did  you  never  bear  false  witness  against  thy 
neighbour  ?  Junius  must  easily  see,  that  unless  he  affirms 
to  the  contrary  in  lus  real  name,  some  people  who  may 
be  as  ignorant  of  him  as  I  am,  will  be  apt  to  suspect  him 
of  having  deviated  a  litde  from  the  truth  :  therefore  let 
Junius  ask  no  more  questions.  You  bite  against  a  file  : 
cease,  vipe:% 

W.  D. 


40 


LETTER  VII. 

TO  SIR  WILLIAM  DRAPER,  KNIGHT  OF  THE  BATH, 

51R5  March  3^  1769* 

An  academical  education  has  given  you  an  un- 
imited  command  over  the  most  beautiful  figures  of  speech. 
Masks,  hatchets,  racks  and  vipers,  dance  through  your 
etters  in  all  the  mazes  of  metaphorical  confusion.  These 
ire  the  gloomy  companions  of  a  disturbed  imagination  ; 
he  melancholy  madness  of  poetry,  without  the  inspira- 
ion.  I  v/ill  not  contend  with  3'OU  in  point  of  composi- 
ion.  You  are  a  scholar,  Sir  William  ;  and,  if  I  am 
ruly  informed,  you  write  Latin  with  almost  as  much  pu- 
ity  as  English.  Suffer  me,  then,  for  I  am  a  plain  un- 
ettered  man,  to  continue  that  style  of  interrogation,  which 
luits  my  capacity  ;  and  to  which,  considering  the  readi- 
less  of  your  ansv/ers,  you  ought  to  have  no  objection. 
Sven  S  Mr.  Bingly  promises  to  answer,  if  put  to  the 
prture. 

Do  you  then  really  think,  that,  if  I  were  to  ask  a  most 
virtuous  man  whether  he  ever  committed  theft,  or  mur- 
ler,  it  w^ould  disturb  his  peace  of  mhid  ?  Such  a  ques- 
ion  might  perhaps  discompose  the  gravity  of  his  muscles, 
^ut  I  believe  it  would  little  affect  the  tranquility  of  his 
:onscience.  Examine  your  own  breast,  Sir  William,  and 
.^ou  will  discover,  that  reproaches  and  inquiries  have  no 
30wer  to  afilict  either  the  man  of  unblemished  integrity, 
)r  the  abandoned  profligate.  It  is  the  middle  compound 
character  which  alone  is  vulnerable  ;  the  man  who,  with- 
out firmness  enough  to  avoid  a  dishonourable  action,  has 
feeling  enough  to  be  asham.ed  of  it. 

I  thank  you  for  the  hint  of  the  decalogue,  and  shall 
take  an  opportunity  of  applying  it  to  some  of  your  most 
/utuoas  friends  in  both  houses  of  parliament. 

You  seem  to  have  dropped  the  affair  of  your  regiment ; 
so  let  it  rest.  When  you  are  appointed  to  another,  I 
dare  say  you  w^ill  not  sell  it  either  for  a  gross  sum,  or  for 
an  annuity  upon  lives. 

I  am  truly  glad  (for  really,  Sir  William,  I  am  not  your 
enemy,  nor  did  I  begin  this  contest  with  you)  that  you 
have  ^>ccn  able  to  clear  vourself  of  a  crime;  though  at  the 


41 

o^tpence  of  the  highest  indiscretion.  You  say  that  your 
liLilf-pay  \vas  given  you  by  way  of  pension.  I  will  not 
dwell  upon  the  singularity  of  uniting  in  your  own  person 
two  sorts  of  provision,  which  in  their  own  nature,  and 
in  all  military  and  parliamentary  views,  are  incompatible  ; 
but  I  call  upon  you  to  justify  that  declaration,  wherein 
you  charge  your  Sovereign  with  having  done  an  act  in 
your  favor  notoriously  against  law.  The  half-pay,  both 
in  Ireland  and  England,  is  appropriated  by  Parliament ; 
and  if  it  be  given  to  persons  who,  like  you,  are  legally 
incapable  of  holding  it,  it  is  a  breach  of  law.  It  would 
have  been  more  decent  in  you  to  have  called  this  disho- 
iiourabl#transaction  by  its  true  name  ;  a  job  to  accom- 
modate two  persons,  by  particular  interest  and  manage- 
ment at  the  Castle.  What  sense  must  government  have 
had  of  your  services,  v/hen  the  rewards  they  have  giveu 
you  are  only  a  disgrace  to  you  ? 

And,  now,  Sir  William  h,  I  shall  take  my  leave  of  you 
for  ever.  Motives  very  different  from  any  apprehension 
of  your  resentment,  make  it  impossible  you  should  ever 
know  me.  In  truth,  you  have  some  reason  to  hold  your- 
self indebted  to  me.  I'Vom  the  lessons  I  have  given  you, 
you  may  collect  a  profitable  instruction  for  your  future 
life.  They  will  either  teach  you  so  to  regulate  your  con- 
duct, as  to  be  able  to  set  the  most  malicious  inquiries  at 
defiance  ;  or,  if  that  be  a  lost  hope,  they  will  teach  you 
prudence  enough  not  to  attract  the  public  attention  to  a 
character  which  will  only  pass  without  censure,  when  it 
passes  without  observation. 

Junius. 

LETTER  VIII. 

To    THE    DUKE    OF    GRAPTON. 

HY  LORD,  March  t8,  ir69. 

Before  vcu  were  r)iaccd  at  the  head  of  affairs, 
It  had  been  a  maxim  of  the  English  government,  not  un- 
willingly admitted  by  the  people,  that  every  ungracious 
or  severe  exertion  of  the  prerogative  should  be  placed  to 
the  account  ox  the  Minister.;  but  that,  whenever  an  acjt 
©i  grace  or  benevolence  was  to  be  performed,  the  whok 

J3  2 


42 

merit  of  it  should  be  attributed  to  the  Sovereign  himself  ^ 
It  was  a  wise  doctrine,  my  Lord,  and  equally  advantage- 
ous to  the  King  and  his  subjects  ;  for  while  it  preserved 
that  suspicious  attention,  with  which  the  people  ought 
always  to  examine  the  conduct  of  ministers,  it  tended  at 
the  same  time  rather  to  increase  than  diminish  their  at- 
tachment to  the  person  of  the  Sovereign.  If  there  be  not 
a  fatality  attending  every  measure  you  are  concerned  in, 
by  what  treachery,  or  by  what  excess  of  folly,  has  it  hap- 
pened, that  those  ungracious  acts  which  have  distinguished 
your  administration,  and  which  I  doubt  not  were  entirely 
your  own,  should  carry  with  them  a  strong  appearance  of 
personal  interest,  and  even  of  personal  enmity,  in  a  quar- 
ter where  no  such  interest  or  enmity  can  be  supposed  to 
exist  without  the  highest  injustice,  and  the  highest  disho*-. 
nour  ?  On  the  other  hand,  by  what  injudicious  manage- 
ment have  you  contrived  it,  that  the  only  act  of  mercy  to 
which  you  have  ever  advised  your  Sovereign,  far  from 
adding  to  the  lustre  of  a  character  truly  gracious  and  be- 
nevolent, should  be  received  with  universal  disapprobation 
and  disgust?  I  shall  consider  it  as  a  ministerial  measure, 
because  it  is  an  odious  one  ;  and  as  your  measure,  my 
Lord  Duke,  because  you  are  the  minister. 

As  long  as  the  trial  of  this  chairman  was  depending, 
it  was  natural  enough  that  government  should  give  him 
every  possible  encouragement  and  support.  The  honour** 
able  service  for  which  he  was  hired,  and  the  spirit  with 
which  he  performed  it,  made  a  common  cause  between 
your  Grace  and  him.  The  minister,  who  by  secret  cor^ 
ruption  invades  the  freedom  of  elections,  and  the  ruffian, 
who,  by  open  violence,  destroys  that  freedom,  are  em- 
barked in  the  same  bottom.  They  have  the  same  interests, 
and  mutually  feel  for  each  other.  To  do  justice  to  your 
Grrace's  humanity,  you  felt  for  M'Quirk  as  you  ought  to 
clo  ;  and  if  you  had  been  contented  to  assist  bim  indi- 
rectly, v/ithout  a  notorious  denial  of  justice,  or  openly 
insulting  the  sense  of  the  nation,  you  might  have  satis- 
fied every  duty  of  political  friendship,  without  commuting 
the  honour  of  your  Sovereign,  or  hazarding  the  reputa- 
tion of  his  government.  But  when  this  unhappy  man 
kad  been  solemnly  tried,  convicted,  and  condemned  ;  — 
;7hen  it  speared  tb^t  he  hadk^en  frequently  eniployed 


43 

In  the  same  services,  and  that  no  excuse  for  hnn  could  he 
drawn  either  from  the  innocence  of  his  former  life,  or  the 
simplicity  of  his  character ;  was  it  not  hazarding  too 
much  to  interpose  the  strength  of  the  prerogative  between 
this  felon  and  the  justice  of  his  country  k  ?  You  ought 
to  have  known,  that  an  example  of  this  sort  was  never  so 
necessary  as  at  present ;  and  certainly  you  must  have 
known  that  the  lot  could  not  have  fallen  upon  a  more 
guilty  object.  What  system  of  government  is  this  ?  You 
are  perpetually  complaining  of  the  riotous  disposition  of 
the  lower  class  of  people  ;  yet  when  the  laws  have  given 
you  the  means  of  making  an  example  in  every  sense  un- 
exceptionable, and  by  far  the  most  likely  to  awe  the  mul- 
titude, you  pardon  the  offence,  and  are  not  ashamed  to 
give  the  sanction  of  government  to  the  riots  you  complain 
of,  and  even  to  future  murders.  You  are  partial  perhaps 
to  the  military  mode  of  execution  ;  and  had  rather  see  a 
score  of  these  wretches  butchered  by  the  guards,  than 
one  of  them  suffer  death  by  regular  course  of  law.  How 
does  it  happen,  my  Lord,  that,  in  your  hands,  even  the 
mercy  of  the  prerogative  is  cruelty  and  oppression  of  the 
subject  ? 

The  measure,  it  seems,  was  so  extraordinary,  that  you 
thought  it  necessary  to  give  some  reasons  for  it  to  the 
public.     Let  them  be  fairly  examined. 

1.  You  say  that  Messrs.  Bromfield  and  Starling  were 
not  examined  at  INI' Quirk's  trial.  I  vvill  tell  your  Grace 
why  they  were  not.  They  must  have  been  examined  up- 
on oath  ;  and  it  was  foreseen,  that  their  evidence  would 
cither  not  benefit,  or  might  be  prejudicial  to  the  prisoner. 
Otherwise,  is  it  conceivable  that  his  counsel  should  ne- 
glect to  call  in  such  material  evidence  ? 

You  say  that  Mr.  Foot  did  not  see  the  deceased 
until  after  his  death.  A  surgeon,  my  Lord,  must  know 
very  little  of  his  profession,  if,  upon  examining  a  wound 
or  a  contusion,  he  cannot  determine  whether  it  was  mor- 
tal or  not. — While  the  party  is  alive,  a  surgeon  v/ill  be 
cautious  of  pronouncbg ;  whereas,  by  the  death  of  the 
patient,  he  is  enabled  to  consider  both  cause  and  effect  in 
one  view,  and  to  speak  with  a  certainty,  confirmed  by  ex- 
perience. 

Yet  we  are  to  thank  vour  Grace  for  the  establishment 


44 

of  a  new  tribunal.  Your  inquisitio  post  7nortem  is  uninown 
to  the  laws  of  England,  and  does  honor  to  your  inven- 
tion. The  only  material  objection  to  it  is,  that  if  Mr. 
Foot's  evidence  was  insufficient,  because  it  did  not  ex- 
amine the  wound  till  after  the  death  of  the  party,  much 
less  can  a  negative  opinion,  given  by  gentlemen  who  ne- 
ver saw  the  body  of  Mr.  Clarke,  either  before  or  after  his 
decease,  authorise  you  to  supersede  the  verdict  of  a  jury^ 
and  the  sentence  of  the  law. 

Now,  my  Lord,  let  me  ask  you.  Has  it  never  occurred 
to  your  Grace,  while  you  were  withdrawing  this  desperate 
wretch  from  that  justice  which  the  laws  had  awarded^ 
and  which  the  whole  people  of  England  demanded  against 
him,  that  there  is  another  man,  who  is  the  favourite  of 
his  country,  whose  pardon  v/ould  have  been  accepted 
with  gratitude,  whose  pardon  would  have  healed  all  our 
divisions  ?  Have  you  quite  forgotten  that  this  man  was 
once  your  Grace^s  friend  t  Or  is  it  to  murderers  only  that 
you  will  extend  the  mercy  of  the  crown  ? 

These  are  questions  you  will  not  answer,  nor  is  it  ne- 
cessary. The  character  of  your  private  life,  and  the  te- 
nour  of  your  public  conduct,  is  an  answer  to  them  all. 

Junius* 

LETTER  IX. 

TO  HIS  GRACE    THE    DUKE  OF  GRAFTON. 
KY    LORD,  AprlllO,  1769* 

I  HAVE  SO  good  an  opinion  of  your  Grace's  dis- 
cernment, that  when  the  author  of  the  vindication  of  your 
conduct  assures  us,  that  he  writes  from  his  own  mere  mo- 
tion, without  the  least  authority  from  your  Grace,  I  should 
he  ready  enough  to  believe  him,  but  for  one  fatal  mark, 
whicli  seems  to  be  fixed  upon  every  measure  in  which 
either  your  personal  or  }  our  political  character  is  con- 
cerned.— Your  first  attempt  to  support  Sir  William  Proc- 
tor, ended  in  the  election  of  Mr.  Wilkes  ;  the  second  en- 
sured success  to  Mr.  Glynn.  The  extraordinary  step  you 
took  to  make  Sir  James  Lowther  lord  paramount  of  Cum- 
/^erland,  has  ruined  his  interest  in  that  country  for  ever. 
rhe  House  List  of  Directors  v/as  cursed  v/iih  the    tosr- 


currence  of  government ;  and  even  the  miserable  ^  Ding* 
ley  could  not  escape  the  misfortune  of  your  Grace's  pro- 
tection. With  this  uniform  experience  before  us,  we 
are  authorised  to  suspect,  that  when  a  pretended  vindica- 
tion of  your  principles  and  conduct,  in  reality  contains 
the  bitterest  reflections  upon  both.  It  could  not  have  been 
written  without  your  immediate  direction  and  assistance. 
The  author  indeed  calls  God  to  witness  for  him,  widi  all 
the  sincerity,  and  in  the  very  terms  of  an  Irish  evidence, 
to  the  best  of  his  knowledge  and  belief.  INIy  Lord,  you 
should  not  encourage  these  appeals  to  Heaven.  The  pi- 
ous Prince  from  whom  you  are  supposed  to  descend,  made 
such  frequent  use  of  them  in  his  public  declarations,  that 
at  last  the  people  also  found  it  necessary  to  appeal  to 
Heaven  in  their  turn.  Your  administration  has  driven  us 
into  circumstances  of  equal  distress  j  bev/are  at  least  iiov/ 
you  remind  us  of  the  remedy. 

You  have  already  much  to  answer  for.  You  have  pro- 
voked this  unhappy  gentleman  to  play  the  fool  once  more 
in  public  life,  in  spite  of  his  years  and  infirmities  ;  and  to 
show  us,  that,  as  you  yourself  are  a  singular  instance  of 
youth  without  spirit,  the  man  who  defends  you  is  a  no  less 
remarkable  example  of  age  without  the  benefits  of  expe- 
rience. To  follow  such  a  writer  minutely  would,  like  his 
own  periods,  be  a  labour  without  end.  The  subject  too  has 
been  already  discussed,  and  is  sufficiently  understood.  I 
cannot  help  observing,  however,  that,  when  the  pardon  of 
M'Quirk  v/as  the  principal  charge  against  you,  it  would 
have  been  but  a  decent  compliment  to  your  Grace's  vm- 
derstanding,  to  have  defended  you  upon  your  own  prin- 
ciples. What  credit  does  a  man  deserve,  who  tells  us 
plainly,  that  the  facts  set  forth  in  the  King's  proclamation 
were  not  the  true  motives  on  which  the  pardon  was 
granted  :  and  that  he  wishes  that  those  chirurgical  re- 
ports, which  first  gave  occasion  to  certain  doubts  in  the 
royal  breast,  had  not  been  laid  before  his  Majesty  ?  You 
see,  iTiy  Lord,  that  even  your  friends  cannot  defend  your 
actions,  without  changing  your  principles  ;  nor  justify  a 
deliberate  measure  of  government,  without  contradicting 
the  main  assertion  on  which  it  was  founded. 

The  conviction  of  M^Quirk  had  reduced  you  to  a  di- 
lemmaj  in  which  it  was  hardly  possible  for  you  to  recon- 


46 

tile  your  political  interest  with  your  duty*  You  were 
obliged  either  to  abandon  an  active  useful  partisan,  or  to 
protect  a  felon  from  public  justice.  With  your  usual  spi- 
rit, you  preferred  your  interest  to  ev^ry  other  considera- 
tion ;  and  with  your  usual  judgment,  you  founded  your 
determination  upon  the  only  motives  v/hich  should  not 
have  been  given  to  the  public. 

I  have  frequently  censured  ?vlr.  Vv'ilkes's  conduct,  yet 
your  advocate  reproaches  me  vvith  having  devoted  myself 
to  thf  service  of  sedition.  Your  Grace  can  best  inform 
us,  for  which  of  Mr,  Vvllkes's  good  qualities  you  first  ho= 
noured  him  with  your  friendship,  or  how  long  it  was  be- 
fore you  discovered  those  bad  ones  in  him,  at  wliich,  it 
seems,  your  delicacy  v/as  offended.  Remember,  my 
Lord,  that  you  continued  your  connexion  with  Mn 
Wilkes  long  after  he  had  been  convicted  of  those  crimes 
which  you  have  since  taken  pains  to  represent  in  the 
blackest  colours  of  blasphemy  and  treason.  How  unlucky 
Is  it  that  the  first  instance  you  have  given  us  of  a  scrupu- 
lous regard  to  decorum  is  united  with  the  breach  of  a  mo- 
ral obligation  !  For  my  own  part,  my  Lord,  I  am  proud 
to  afRrm,  that  if  I  had  been  v/eak  enough  to  form  such  a 
friendship,  I  v/oukl  never  have  been  base  enough  to  be- 
tray it.  But  let  Mr.  Wilkes's  character  be  what  it  may, 
this  at  least  is  certain,  that,  circumstanced  as  he  is  with 
regard  to  the  public,  ev^en  his  vices  plead  for  him.  The 
people  of  England  have  too  much  discernment  to  suffer 
your  Grace  to  take  advantage  of  the  failings  of  a  private 
character,  to  establish  a  precedent  by  v/hich  the  public  li- 
berty is  aifected,  and  which  you  may  hereafter,  with  equal 
ease  and  satisfaction,  employ  to  the  ruin  of  the  best  men  in 

the  kingdom ^Content  yourself,  my  Lord,   with  the 

many  advantages  which  the  unsullied  purity  of  your  own 
character  has  given  you  overyour  unhappy  deserted  friend. 
Availyourself  of  all  the  unforgiving  piety  of  the  court  you 
live  in,  and  bless  God  that  you  '^  are  not  as  other  men 
*'  are,  extortioners,  unjust,  adulterers,  or  even  as  this 
''  publican.''  In  a  heart  void  of  feeling,  the  lav/s  of  hon- 
our and  good  faith  may  be  violated  with  impunity,  and 
there  you  may  safely  indulge  your  genius  :  But  the  laws  of 
England  shall  not  be  violated,  even  by  your  holy  zeal  to 
oppress  a  sinner  :    and   though  you  have  succeeded  in 


4/ 

mating  him  a  tool,  you  shall  not  make  him  the  victim  of 
your  ambition. 

Junius* 

LETTER  X. 

TO  MR.    EDWARD   WESTON. 

SIR,  April  21,  1769. 

I  SAID  you  were  an  old  man  without  the  benefit 
of  experience.  It  seems  you  are  also  a  volunteer  with  the 
stipend  of  twenty  commissions  ;  and  at  a  period  when  all 
prospects  are  at  an  end,  you  are  still  looking  forward  to 
rewards  which  you  cannot  enjoy.  No  man  is  better  ac« 
quainted  with  the  bounty  of  government  than  you  are. 
'ton  iinfiudence, 
Temerairc  vicillard^  aura  sa  recomfiense* 

But  I  will  not  descend  to  an  altercation  either  with  the 
impotence  of  your  age,  or  the  peevishness  of  your  diseases. 
Your  pamphlet,  ingenious  as  it  is,  has  been  so  little  read, 
that  the  public  cannot  know  how  far  you  have  a  right 
to  give  me  the  lie,  without  the  following  citation  of  your 
own  words. 

Page  6. — *  1.  That  he  is  persuaded  that  the  motives 
^  which  he  (Mr.  Weston)  has  alleged,  must  appear  fuU 
'  ly  sufficient,  with  or  without  the  opinions  of  the  sur- 
'  geons. 

^  2.  That  those  very  motives  must  have  been  the 
'  foundation  on  which  the  Earl  of  Rochfort  thought  pro- 
•  per,  &C. 

*  3.  That  he  cannot  ,  but  regret  that  the  Earl  of 
^  Rochfort  seems  to  have  thought  proper  to  lay  the  chi- 
^  rurgical  reports  before  tha  King,  in  preference  to  all  the 
'  other  sufficient  motives,'  &c. 

Let  the  public  determine  whether  this  be  defending  go- 
vernment on  their  principles  or  your  own. 

The  style  and  language  you  hiwe  adopted  are,  I  con- 
fess, not  ill  suited  to  the  elegance  of  your  own  manners, 
or  the  dignity  of  the  cause  you  have  undertaken.  Every 
common  dauber  writes  rascal  and  villain  under  his  pic- 
tures, because  the  pictures  themselves  have  neither  cha- 
racter nor  resemblance.     But  the  works  of  a  master  re- 


48 

quire  no  index.  His  features  and  colouring  are  taken 
from  nature.  The  impression  they  make  is  immediate  and 
uniform  ;  nor  is  it  possible  to  mistake  his  characters,  whe- 
ther they  represent  the  treachery  of  a  minister,  or  the 
abused  simplicity  of  a  king. 

Junius. 

LETTER  XL 

TO  HIS  GRACE  THE  DUKE  OF  GRAFTON. 

HY  LORD,  April  24^,  1769. 

The  system  you  seemed  to  have  adopted,  when 
Lord  Chatham  unexpectedly  left  you  at  the  head  of  af- 
fairs, gave  us  no  promise  of  that  uncommon  exertion  of 
vigour  which  has  since  illustrated  your  character  and 
distinguished  your  administration.  Far  from  discovering 
a  spirit  bold  enough  to  invade  the  first  rights  of  the  people, 
and  the  first  principles  of  the  constitution,  you  were  scru- 
^pulous  of  exercising  even  those  powers  with  which  the 
''a*$cecutive  branch  of  the  legislatui*e  is  legally  invested.  We. 
have  not  yet  forgotten  how  long  Mr.  Wilkes  was  suffered 
to  appear  at  large,  nor  how  long  he  was  at  liberty  to  can- 
•ivas  tor  the  city  and  county,  with  all  the  terrors  of  an  out- 
lawry hanging  over  him.  Our  gracious  Sovereign  has 
Tjot  yet  forgotten  the  extraordinary  care  you  took  of  his 
dignity,  and  of  the  safety  of  his  person,  when,  at  a  crisis 
which  courti'eys4|iFected  to  call  alarming,  you  left  the  me- 
tropolis exposed  (or  two  nights  together  to  every  species 
of  riot  and  disorJet*',  I'he  security  of  the  Royal  residence 
nova  insult  wj^.s  \h<tn  suiliciently  provided  for  in  Mr.  Con- 
V.  ci}  's  nrmiH  ss,  anv  Lord  Weymouth's  discretion  ;  wdiile 
the  piime  minister  of  Great  Britain,  in  a  rural  retirement, 
and  in  the  r.rins  of  faded  beauty,  had  lost  all  memor}'  of 
his  Sovereign,  his  coimtrv,  and  himself.  In  these  in- 
stances you  might  have  acted  with  vigour,  for  you  would 
have  had  the  sanction  of  the  la\v§  to  su]^port  you.  The 
friends  of  government  n>ighthave  defended  } ou  without 
shame;  and  moderate  ii^en,  v  ho  wish  well  to  the  peace 
and  good  order  of  societ}-,  might  have  had  a  pretence  for 
applauding  your  conduct.  Bat  these,  it  seems,  were  not 
occasions  worthy  of  your  Grace's  interposition.     You  re« 


served  the  proofs  of  your  intrepid  spirit  For  trials  of  great* 
er  hazard  and  importance  :  and  now,  as  if  thv  most  dis- 
graceful rekixation  of  the  executive  authority  had  given 
you  a  claim  of  credit  to  indulge  in  excesses  still  more  dan- 
gerous, you  seem  determined  to  compensate  amply  for 
your  former  negligence,  and  to  balance  the  non-execution 
of  the  laws  with  a  breach  of  the  constitution.  From  one 
extreme  you  suddenly  start  to  the  other,  without  leaving, 
between  the  weakness  and  the  fury  of  the  passions,  one 
moment's  interval  for  the  firmness  of  the  understanding. 

These  observations,  general  as  they  are,  might  easily  be 
extended  into  a  faithful  history  of  your  Grace's  admini- 
stration, and  perhaps  may  be  the  employment  of  a  future 
hoi]r.  But  the  business  of  the  present  moment  will  not 
suffer  me  to  look  back  to  a  series  of  events,  which  cease 
to  be  interesting  or  important,  because  they  are  succeeded 
by  a  measure  so  singularly  daring,  that  it  excites  all  our  at- 
tention, and  engrosses  all  our  resentment. 

Your  patronage  of  Mr.  Luttrell  has  been  crowned  with 
success.  With  this  precedent  before  you,  with  the 
principles  on  which  it  was  established,  and  with  a  fu- 
ture House  of  Commons,  perhaps  less  virtuous  than  the 
present,  every  county  in  England  under  the  auspices  of 
the  treasury,  may  be  represented  as  completely  as  the 
covmty  of  ^Middlesex.  Posterity  will  be  indehced  to  your 
Grace  for  not  contenting  yourself  with  a  temporary  ex- 
pedient, but  entailing  upon  them  the  immediate  bles- 
sings of  your  administration.  Boroughs  were  already  too 
much  at  the  mercy  of  government...  Counties  could 
neither  be  purchased  not  intimidated.  But  their  solemn 
determined  election  may  be  rejected,  and  the  man  they 
detest  may  be  appointed,  by  another  clioice,  to  represent 
them  in  parliament.  Yet  it  is  admitted,  that  the  sheriffs 
obeyed  the  laws  and  performed  their  duty^.  The  re- 
turn they  made  must  have  been  legal  and  valid,  or  un- 
doubtedly they  would  have  been  censured  for  making  it. 
With  every  good  natured  allowance  for  your  Grace's 
youth  and  inexperience,  there  are  some  things  which  you 
cannot  but  know.  You  cannot  but  know  that  the  right 
of  the  freeholders  to  adhere  to  their  choice  (even  suppo- 
sing it  improperly  exerted)  was  as  clear  and  indisputa- 
ble  as  that  of   the  House   of   Commons  to  exclude  one 


■*>f  their  own  members. — Nor  is  it  possible  for  yoa  not  to 
see  the  wide  distance  there  is  between  the  negative  power 
of  rejecting  one  man,  and  the  positive  power  of  appointing 
another.  The  right  of  expulsion,  in  the  most  favourable 
sense,  is  no  more  than  the  custom  of  parliament.  The 
right  of  election  is  the  very  essence  of  the  constitution. 
To  violate  that  right,  and  much  more  to  transfer  it  to  any 
other  set  of  men,  is  a  ^.tep  leading  immediately  to  the  dis- 
solution of  all  governn:ient.  So  far  forth  as  it  operates,  it 
constitutes  a  House  of  Commons  which  does  not  represent 
the  people.  A  House  of  Commons  so  formed  would  in- 
'voive  a  contradiction  and  the  grossest  confusion  of  ideas  ; 
but  there  are  some  mir.isters,  my  Lord,  whose  views  can 
only  be  answered  by  reconciling  absurdities,  and  making 
the  same  propositioii,  which  is  false  and  absurd  in  argu- 
ment, true  in  fact. 

This  measure,  my  Lord,  is  hovvever  attended  with  one 
consequence  favourable  to  the  people,  which  I  am  per- 
suaded you  did  not  foresee^\  While  the  contest  lay  be- 
tween the  ministry  and  Mr.  Wilkes,  his  situation  and  pri- 
vate character  gave  you  advantages  over  him,  which  com* 
mon  candour,  if  not  the  memory  of  your  former  friend- 
ship,  should  have  forbiddcTi  you  to  make  use  of.  To  reli- 
gious men,  you  had  an  o importunity  of  exaggerating  the 
irregularities  of  his  past  life  ; — to  moderate  men,  ycu  held 
foith  the  peruicious  consequences  of  faction.  Men,  who 
with  this  character  looked  no  farther  than  to  the  object 
before  them,  were  not  dissatisfied  at  seeing  Mr.  Wilkes 
excluded  from  parliament.  You  have  now  taken  care  to 
shift  the  question  ;  or  rather,  you  have  created  a  new  one, 
in  which  Mr,  Wilkes  is  no  more  concerned  than  any  other 
English  gentleman.  You  have  united  this  country  against 
you  on  one  grand  constitutional  point,  on  the  decision  of 
which  our  existence,  as  a  free  people,  absolutely  depends. 
You  have  asserted,^  not  in  words  but  in  fact,  that  there- 
presentation  in  parliament  does  not  depend  upon  the  choice 
of  the  freeholders.  If  such  a  case  can  possibly  happen 
once,  it  may  happen  fre  [uently  ;  it  may  happen  always  : 
— and  if  three  hundred  votes,  by  any  mode  of  reasoning 
whatsoever,  can  prevail  against  tv/elve  hundred,  the  same 
reasoning  would  equally  have  given  Mr.  Luttrell  his 
seat  with  ten  votc^-,  or  -^ven  with  one.     The  consequences 


5i 

of  this  attack  upon  the  constitution  are  too  plain  and  put- 
pable  not  to  alarm  the  dullest  apprehension.  I  trust  you 
will  find,  that  the  people  of  England  are  neither  deiicieni 
in  spirit  nor*  understanding,  though  you  have  treated  them 
as  if  they  had  neither  sense  to  feel,  nor  spirit  to  resent. 
We  have  reason  to  thank  God  and  our  ancestors,  that 
there  never  yet  was  a  minister  in  this  country  who  could 
stand  the  issue  of  such  a  conflict  ;  and  with  every  preju- 
dice in  favour  of  your  intentions,  I  see  no  such  abilities 
in  your  Grace  as  should  entitle  you  to  succeed  in  an'  enter- 
prise, in  which  the  ablest  and  basest  of  your  predeces- 
sors iiave  found  their  destruction.  You  may  continue  to 
tltceive  your  gracious  master  with  false  representations  of 
the  temper  and  condition  of  his  subjects.  Yqu  may  com- 
inand  a  venal  vote,  because  it  is  the  common  established 
appendage  of  your  office.  But  never  hope  that  the  free- 
holders will  make  a  tame  surrender  of  their  rights,  or  that 
an  English  army  will  join  with  you  in  overturning  the  li- 
berties of  their  ccimtry.  They  know  that  their  hrst  duty 
as  citizens  is  paramount  to  all  subsequent  engagements ; 
nor  will  they  prefer  the  discipline;  or  even  the  honours  of 
their  profession,  to  those  sacred  original  riglils,  v"hich  be- 
longed to  them  before  they  were  soldiers,  and  which  they 
claim  and  possess  as  the  birth-right  of  Englishmen. 

Return,  my  Lord,  before  it  be  too  late,  to  that  easy,  in- 
sipid system  which  you  first  set  out  with.  Take  back  your 
mistress  j*^ — the  name  of  friend  may  be  fatal  to  her,  for  it 
leads  to  treachery  and  persecution.  Indulge  the  people. 
Attend  Newmarket.  Mr.  Luttrell  may  again  vacate  his 
seat ;  and  Mr.  Wilkes,  if  not  persecuted,  will  soon  be 
forgotten.  To  be  weak  and  inactive,  is  safer  than  to  be 
daring  and  criminal ;  and  wide  is  the  distance  between  a 
riot  of  the  populace  and  a  convulsion  of  the  v/hole  king- 
doui.  You  may  live  to  make  the  experiment,  but  no  ho- 
nest mem  Ci:-::\  Yihh  vou  sliouk!  ^urviveT?, 

JUN-HiS,, 


LETTER  XII. 

re     >ii.-5     GRACE    THK    DUKE    OF    G-RAI  i  OX. 

*^Vr  LORD,  May  30.  )7l^ 

IF  the  measures  in  which  you  have  been  mos*- 
successful  had  been  supported  by  any  tolerable  appearance 
of  argument,  I  should  have  thought  my  time  not  ill  em- 
ployed in  continuing  to  examine  your  conduct  as  a  minis- 

jr,  and  stating  it  fairly  to  the  public.  But  when  I 
see  questions  of  the  highest  national  importance  carried 
IS  they  have  been,  and  the  lirst  principles  of  the  constitu- 

on  openly  violated,  without  argument  or  decency,  I 
v:onfess  I  give  up  the  cause  in  despair.  The  meanest  of 
your  predecessors  had  abilities  sufficient  to  give  a  colour 
to  their  measures.  If  they  invaded  the  rights  of  the 
people,  they  did  not  dare  to  offer  a  direct  insult  to  their 
understanding  ;  and  in  former  times,  the  most  venal  par- 
liaments made  it  a  condition  in  their  bargain  with  the 
minister,  that  he  should  furnish  them  with  some  plausi- 
ble pretences  for  selling  their  country  and  themselves^ 
Vou  have  had  the  merit  of  introducing  a  more  compen- 
dious system  of  government  and  logic.  You  neither  ad- 
dress yourself  to  the  passions,  nor  to  the  imderstanding, 
but  simply  to  the  touch.  You  apply  yourself  immediately 
to  the  feelings  of  your  friends  ;  who,  contrary  to  the  foriivs 
of  parliament,  never  enter  heartily  into  a  debate  until  they 
have  divided. 

Relinquishing,  therefore,  all  idle  views  of  amendment 
to  your  Grace,  or  of  benefit  to  the  public,  let  me  be  per- 
mitted to  consider  your  character  and  conduct  merely  as 
a  subject  of  curious  speculation. — There  is  something  in 
both,  which  distinguishes  you  liot  only  fiom  all  other 
ministers,  but  all  other  men  ;  it  is  not  that  you  do  wrong 
by  design,  but  that  you  should  never  do  right  by  mistake* 
It  is  not  that  your  indolence  and  your  activity  have  been 
equally  misapplied  ;  but  that  the  iirst  unifoi'm  principle, 
or,  if 'l  may  call  it,  the  genius  of  your  life,  should  havc^ 
carried  you  through  every  possible  change  and  contradic- 
tion of  conduct,  without  the  momentary  imputation  or 
colour  of  a  virtue;  and  that  the  wildest  spirit  of  incon- 
sistency should  never  once  hvire  beirayc^d  you  into  a  ysvi^ 


n  iionourable  action.  This  I  own  gives  an  air  of  Siii.M- 
iarity  to  your  fortune  as  well  as  to  your  disposition.  Let 
us  look  back  together  to  a  scene  in  which  a  mind  like 
yours  w^ill  find  nothing  to  repent  of.  Let  us  try,  niy 
Lord,  how  well  you  have  supported  the  various  relations 
in  which  you  stood,  to  your  sovereign,  your  country,  your 
friends,  and  yourself.  Give  us,  if  it  be  possible,  some, 
excuse  to  posterity,  and  to  ourselves,  for  submitting  to 
your  administration.  If  ;iot  the  abilities  of  a  great  mi- 
nister, if  not  the  integrity  of  a  patriot,  or  the  fidelity  of 
a  friend,  show  us  at  least  the  firmness  of  a  man. — Yov 
the  sake  of  your  mistress,  the  lover  shall  be  spared.  I 
v/ill  not  lead  her  into  public,  as  you  have  done,  nor  will 
I  insult  the  memory  of  departed  beauty.  Her  sex,  which 
alone  made  her  amiable  in  your  eyes,  makes  her  respect- 
able in  mine. 

The  character  of  the  reputed  ancestors  of  some  men, 
has  made  it  possible  for  their  descendants  to  be  vicious  in 
the  extreme,  without  being  degenerate.  'J'hose  of  your 
Grace,  for  instance,  left  no  distressing  examples  of  vir- 
tue even  to  their  legitimate  posterity  ;  and  you  may  look 
back  with  pleasure  to  an  illustrious  pedigree,  in  which 
heraldry  has  not  left  a  single  good  quality  upon  record  to 
insult  or  upbraid  you.  You  have  better  proofs  of  your 
descent,  my  Lord,  than  the  register  of  a  marriage,  or  any 
troublesome  inheritance  of  reputation.  There  are  some 
hereditary  strokes  of  character,  by  which  a  family  may 
be  as  clearly  distinguished,  as  by  the  blackest  features  of 
the  human  face.  Charles  the  First  lived  and  died  a  hy- 
pocrite. Charles  the  Second  was  a  hypocrite  of  another 
sort,  and  should  have  died  upon  the  same  scaffold.  At 
the  distance  of  a  century,  we  see  their  different  charac- 
ters happily  revived  and  blended  in  your  Grace.  Sullen 
and  severe  without  religion,  profligate  v.'ithout  gaiety,  you. 
live  like  Charles  the  Second,  without  being  an  amiable 
,  companion;  and,  for  aught  I  know,  may  die  as  his  father 
i  did,  without  the  reputation  of  a  martyr. 
i  You  had  already  taken  your  degrees  with  credit  in 
1  those  schools  in  which  the  linglish  nobiiity  are  formed  to 
I'  virtue,  when  you  were  introduced  to  Lord  Chatham's 
protection  P.  From  Newmarket,  White's,  and  the  oppo- 
sitioHj  he  gave  you  to  the  world  with  an  air  of  popularity, 

c   o 


-•liUi.  Gdhg  iiu-ii  usually  set  out  %vith,  and  seldom  prt- 
^  .J '.  J  :- '  grave  and  plausible  enough  to  be  thought  iit  -or- 
ouslncss  ;  too  young  for  treachery  ;  and,  in  short,  a  pa- 
triot ot"  no  unpromising  expectations.  Lord  Chatham 
was  the  earliest  ohject  of  yuur  political  wonder  and  at- 
tachment ;  yet  you  deserted  him,  upon  the  hrst  hopes 
that  oiiered  of  an  e(|\iai  share  of  power  Y/ith  L-ord  Uock- 
ingham.  VVheii  the  Duke  of  Cumberland's  lirst  nego- 
tiation failed,  and  wiien  the  favoui'iie  was  puslied  to  the 
last  extremity,  you  saved  him  by  joining  with  an  adminis- 
tration in  whicli  Lord  Chatham  had  refused  to  engage. 
Still,  however,  he  was  your  friend  :  and  you  are  yet  to 
explain  to  the  v/orld,  why  you  consented  to  act  without 
him;  or  why,  after  uniting  vvith  Lord  Kockingham,  you 
deserted  and  betrayed  Jiim.  You  comphuned  that  no 
measures  were  taken  to  satisfy  your  patron  ;  and  that 
vour  friend  Mr.  Wilkes,  who  luid  sutTered  so  much  for 
the  party,  had  been  abandoned  to  his  fate.  They  have 
isince  contributed,  not  a  little,  to  your  present  plenitude 
of  power :  yet,  1  think,  Lord  Chatham  has  less  reason 
than  ever  to  be  satis 'ed  ;  and  as  for  Mr.  Wilkes  ,  it  is, 
perhaps,  the  greatest  misfortune  of  his  life  that  you  should 
have  so  many  compensations  to  make  in  the  closet  for 
your  former  friendsl.ip  with  hirn.  Your  gracious  master 
•understa-nds  your  character ;  and  makes  you  a  persecutor, 
because  you  have  been  a  friend. 

Lord  Chatham  formed  his  last  administration  upon  prin- 
-ciples    which  you    certainly  concurred  in,  or    you   could 
.never   have  been  placed  at  the  head  of  the  1  reasury.     By 
deserting  those  principles,  and  by  acting  in  a  direct  contra- 
diction  to  them,    in   which   he  found  you  were   secretly 
supported  in  the  closet,  you  soon  forced  him  to  leave  you 
to  yourself,  and  to  withdraw  his  name  from   em   adminis- 
tration which   had  been  formed  on  the  credit  of  it.    '  You 
had  then   a  prospect  of  friendships  better  suited  to  your 
genius,  and   more   likely  to   fix   your  disposition.      Mar- 
riage is  the   point   on  which   every  rake  is  stationary  at 
las  :  and  truly,  my  Lord,  you  may  w^ell  be  weary  of  the 
fiircuit  you  have  taken  ;  for  you  have  now  fairly  travelled 
through  every  sign  in  the  political  zodiac,  from  the  Scor- 
pion,   in  which  you  stung  Lord  Chatham,  to   the  hopes 
of  a  Virgin  *i  in  the  house  of   Bioomsbury,     One  wotdd 


of  nuptiul  ciiL;ai:^tiJRnris,  oi%  at  leasi,  that  such  a  friend- 
ship as  the  Duke  of  Bccl-ord'H  might  have  been  secured 
to  you  by  the  auspicious  inaniage  of  your  late  Duchestj 
Avith  ^'  his  nephew.  But  ties  of  this  tei)der  nature  can- 
rot  be  drawn  too  close  ;  and  it  may  possibly  be  a  part  of 
tlie  Duke  of  Bedford's  ambition,  after  making  her  an 
honest  woman,  to  work  a  miracle  of  the  same  sort  upon 
yo'T  Grace.  This  worthy  nobleman  has  long  dealt  in 
virtue.  There  has  been  a  large  consumption  of  it  in  his 
own  family  ;  and,  in  the  way  of  traffic,  I  dare  say,  he  has 
bought  and  hold  more  than  half  the  representative  integrity 
of  the  nation. 

In  a  political  view,  this  union  is  nat  imprudent.     The 
favour  of  princes  is  a  per  shable    commodity.       You  have 
now  a  strength   sufficient  to  command   the  elos<;t ;    and  if 
it  be  necessary   to  betray  one   friendship   more,   you  i^.iay 
set  even  Lord  Bute  at  defiance.      Mr.   Stuart   Mackenzie 
may  possibly  remember   what   use  tire    Duke  of    Bedford 
usually  makes  of  his  power  ;    and  our  gracious  Sovereign^ 
I   doubt  not,  rejoice -i  at   this  first  appearance  of  union  a- 
mong   his  se-rvants.       His   late  Majesty,  under  the   happy 
influence  of    a   family  connection  between  his   ministers 
was  relieved  from  the  cares  of  the  government.      A  mor« 
active  prince    may   perhaps   observe,   with   suspicion,  by 
what  degrees  an  artful   servant  grows  upon    his  master, 
from    the  first   unlimited   professions  of  duty  and  attach- 
ment, to  the  painful  representation  of  the  necessity  of  the 
royal  service,   and    soon,  in    re^^^ular  progression,   to  the 
humble  hisolcnce  of  dictating  in   all  the  obsequious  forms 
©f  peremptory  submission.      The  interval  is  carefully  em- 
ployed in  forming  connections,   creating  interests,  collect- 
ing a  party,   and  laying  the   foundation   of  dotible  mar 
riages ;    until   the  deluded  prince,  who  thought  he   had 
found  a  creature  prostituted   to   his  service,  and  insignifi- 
cant enough  to  be  always  dependent  upon  his  pleasure, 
finds  him  at  last  too  strong  to  be  commanded,  and  too  for- 
midable to  be  removed. 

Your  Grace's  public  conduct,  as  a  minister,  is  but  the 
counter  part  of  your  private  history  ; — the  same  incon- 
sistency, the  same  contradictions.  In  America  we  trace 
you  from  the  first  opposition  to  the  Stamp  Act;  on  prir 


..iples,of  convenience,  to  Mr.  Pitt*s  surrender  of  the  liciit . 
ihen  forward  to  Lord  I^ocking}iam*s  sm  render  of  the 
fact;  then  back  again  to  Lord  Rockinghani's  declaration 
of  the  right ;  then  forward  to  taxation  with  Mr.  Town- 
r>hend  ;  and  in  the  last  instance,  from  the  gentle  Conway's 
undetermined  discretion,  to  blood  and  compulsion  Mith 
the  Duke  of  Bedford  ;  Vet,  if  we  may  believe  the  sim- 
plici.y  of  Lord  Acrth's  eloquence,  at  the  opening  of  next 
sessions,  you  are  once  more  to  be  the  patron  of  America, 
Is  this  the  wisdom  of  a  great  minister  I  or  is  it  the  omi- 
nous vibration  of  a  pendulum?  Had  you  iio  opinion  of 
your  own,  rny  Lord  ?  or  was  it  the  gratii cation  of  be- 
ti^aying  every  party  with  which  you  have  been  united,  and 
of  deserting  every  poiilicai  principle  in  which  yon  had  con- 
curred I 

^  our  enemies  may  turn  their  eyes  without  regret  from 
this  admirable  system  of  provincial  governm.ent.  They 
will  fmd  gratification  enough  in  the  survey  of  your  domes- 
tic and  foreign  policy. 

If  instead  of  disowning  Lord  Shelburne,  the  British 
eourt  liad  interposed  with  dignity  and  firmness,  you  know, 
my  Lord,  that  Corsica  w^ould  never  have  been  invaded. 
The  French  saw  the  weakness  of  a  distracted  ministry, 
and  were  justified  in  treating  you  with  contempt.  They 
would  probably  have  yielded  in  the  first  instance,  rather 
than  hazard  a  rupture  with  this  country  ;  but,  being 
once  engaged,  they  cannot  retreat,  without  dishonour. 
Common  sense  foresees  consequences  which  have  escaped 
your  Grace's  penetration.  Either  w^e  sutler  the  French 
to  make  an  acquisition,  the  importance  of  which  yoti  have 
probably  no  conception  of;  or  we  oppose  them  by  an 
underhand  management,  which  only  disgraces  us  in  the 
eyesaf  Europe,  without  answering  any  purpose  of  policy 
or  prudence.  From  secret,  indirect  assistance,  a  transition 
to  some  more  open  decisive  measure  becomes  unavoidable  ; 
till  at  last  we  find  ourselves  principal  in  the  war  and  are 
obliged  to  hazard  every  thing  for  an  object  which  might 
have  originally  been  obtained  without  opence  or  dan- 
ger. I  am  not  versed  in  the  politics  of  the  north  ;  but 
this  I  believe  is  certain,  that  half  the  money  you  hav© 
distributed  to  carry  the  expulsion  of  Mr.  Wilkes,  or  even 
your   secretary's    share  in  the  Jiast  subscription,  would^ 


have  kept  the  Turks  at  your  devotion.  Was  it  econoni}^, 
my  Lord  ?  or  did  the  coy  resistance  you  have  constantly 
met  with  in  the  British  senate,  make  you  despair  of  cor- 
ruptint^  the  Divan  ?  Your  friends  indeed  have  the  first 
I  claim  upon  your  bounty  ;  but  if  five  hundred  pounds  a- 
;  year  can  be  spared  in  pension  to  Sir  John  Moore,  it  would 
not  have  disgraced  you  to  have  allowed  something  to  the 
'secret  service  of  the  public. 

You  will  say,  perhaps,  that  the  situation  of  affairs  at 
home  demanded  and  engrossed  the  whole  of  your  atten* 
tion.  Here,  I  confess,  you  have  been  active.  An  ami- 
able, accomplished  prince  ascends  the  throne  under  the 
happiest  of  all  auspices,  the  acclamations  and  united  af- 
fections of  his  subjects.  The  first  measures  of  his  reign, 
and  even  the  odium  of  a  favourite,  were  not  able  to 
shake  their  attachment.  Your  services,  my  Lord,  have 
been  more  successful.  Since  you  were  permitted  to  take 
the  lead,  we  have  seen  the  natural  efTects  of  a  system  of 
government  at  once  both  odious  and  contemptible.  W^ 
have  seen  the  laws  sometimes  scandalously  relaxed,  some- 
times violently  stretched  beyond  their  tone.  We  have 
S€en  the  person  of  the  Sovereign  insulted  j  and  iu  pro- 
found peace,  and  with  an  undisputed  title,  the  fidelity  of 
his  subjects  brought  by  his  own  servants  into  public  ques- 
tion^. Without  abilities,  resolution,  or  interest,  you 
have  done  more  than  Lord  Bute  could  accomplish  with  aU 
Scotland  at  his  heels. 

Your  Grace,  little  anxious  perhaps  either  for  present 
or  future  reputation,  will  not  desire  to  be  handed  down 
hi  these  colours  to  posterity.  You  have  reason  to  flatter 
yourself  that  the  memory  of  your  administration  will  sur- 
vive even  the  forms  of  a  constitution  which  our  ancestors 
vainly  hoped  would  be  ini mortal  ;  and  as  for  your  personal 
character,  I  will  not,  for  the  honour  olf  human  nature^ 
suppose  that  you  can  wish  to  have  it  remembered.  The 
condition  of  the  present  times  is  desperate  indeed :  but 
there  in  a  debt  due  to  those  who  come  after  us  ;  and  it  is 
the  historian's  ollBce  to  punish,  though  he  cannot  correct. 
I  do  not  give  you  to  posterity  as  a  pattern  to  imitate,  but 
as  ai^  example  to  ^deter ;  and  as  your  conduct  compre- 
hend^s   every  thii  g  that  a  wise  or  honest  minister  should 


5H. 

>ivoid,  I  mean  to  make  you  a  negative  instruction  to  your 
successors  for  ever. 


LETTER  XIII. 

TO    THE    PRINTER    OF    THE    PUBLIC    ADVERTISER. 

^IR,  June  12.  1^65. 

The  Duke  of  Grafton's  friends,  not  iinding  it 
convenient  to  enter  into  a  contest  with  Junius,  are'  now 
reduced  to  the  last  melancholy  resource  of  defeated  argu- 
ment, the  flat  general  charge  of  scurrility  and  falsehood. 
As  for  his  style,  I  shall  leave  it  to  the  critics.  The  truth 
of  his  facts  is  of  more  importance  to  the  public.  They 
are  of  such  a  nature,  that  I  think  a  bare  contradiction 
will  have  no  weight  with  any  man  who  iudi^"«?.s  for  him- 
self. Let  us  take  them  in  the  order  in  v/hich  they  appear 
in  his  last  letter. 

L  Have  not  the  first  rights  of  the  people,  and  the  first 
principles  of  the  constitution,  been  openly  invaded,  and 
the  very  name  of  an  election  made  ridiculous,  by  the  arbi- 
tary  appointment  of  Mr.  Luttrell  ? 

2..  Did  not  the  Duke  of  Grafton  frequently  lead  his 
mistress  into  public,  and  even  place  her  at  the  head  of  his 
table,  as  if  he  had  pulled  down  an  ancient  temple  of  V-e- 
nus,  and  could  bury  all  decency  and  shame  under  the 
ruins  ? — Is  this  the  man  who  dares  to  talk  of  Mr.  Wikes's 
morals  ? 

3.  Is  not  the  character  of  his  presumptive  ancestors  as 
strongly  marked  in  him  as  if  he  had  descended  from  them 
in  a  direct  legitimate  line  ?  The  idea  of  his  death  isf  only 
prophetic  ;  and  what  is  prophecy  but  a  narrative  preced- 
ing the  fact  ? 

4.  Was  not  Lord  Chatham  the  first  who  raised  him  to 
the  rank  and  post  of  a  minister,  and  tr.e  firs:  whom  he 
abandoned  ? 

5.  Did  he  not  join  v/ith  Lord  Rockingham,  and  betray 
him  ? 

6.  Was  he  not  the  bosom  friend  of  Mr.  Wilkes,  wliora 
he  now  pursues  to  de3tru<^lio^\' 


59 

7.  Did  he   not   take   his   degrees   with   credit  at  New 
market,  White's,  and  the  opposition  ? 

8.  After  deserting  '  ord  v  hatham's  principles,  and  sacri- 
ficing his  friendship,  is  lie  not  nov/  closely  united  with 
a  set  of  men,  Who,^  though  they  have  occasionally  joined 
with  all  parties,  have  in  every  diH'i.rent  situation,  and  at 
all  times,  been  equally  and  constantly  delesled  by  this 
country  ? 

9.  Has  not  Sir  John  Moore  a  pension  of  five  hundred 
pounds  a-year :' — This  may  probably  be  an  acquittance 
of  favours  upon  tlve  turf;  but  is  it  possible  for  a  minister 
to  oRer  a  grosser  outrage  to  a  nation,  which  has  so  very 
lately  cleared  away  the  begii;ary  of  the  civil  list  at  the  ex- 
pence  of  more  than  half  a  million  ? 

10.  Is  there  any  one  mode  of  thinking  or  acting  with 
respect  to  America,  which  the  Inike  of  Grafton  has  not 
successively  adopted  and  abandoned. 

1 1.  It  there  not  a  siiiguiar  mark  of  shame  set  upon  this 
man,  who  has  so  Uuie  delicacy  and  feeling  as  to  submit 
TO  the  opprobrium  of  marrying  a  near  relation  of  one  who 
had  debauched  his  wife? — In  the  name  of  decency,  how 
are  these  amiable  cousins  to  meet  at  their  uncle's  table? 
' — It  will  be  a  scene  in  OEdipus,  without  the  distress, — Is 
it  wealth,  or  wit,  or  beauty — or  is  the  amorous  youth  m 
love  ? 

The  rest  is  notorious.  That  Corsica  has  been  sacrificed 
to  the  French  ;  that  in  some  instances  the  laws  have  been 
scandalously  relaxed,  and  in  others  daringly  violated  ;  and 
that  the  King's  subjects  have  been  called  upon  to  assure 
him  of  their  fidelity,  in  spite  of  the  measures  of  his  ser- 
ivants. 

A  writer,  who  builds  his  arguments  upon  facts  such  as 
these,  is  not  easily  to  be  confuted.  He  is  not  to  be  an- 
swered by  general  assertions,  or  general  reproaches.  •  He 
may  want  eloquence  to  amuse  and  persuade  :  but,  speaking 
i truth,  he  must  always  convince. 

Philo   Junius, 


so 

LETTER  XIV. 

TO    THE    PRInTEH     OF    THE    PUBLIC.    ADVERTl  5r.R 

SIR,  June  22.  176':. 

The  name  of  Old  Noll  is  destined  to  be  the 
ruin  of  the  house  of  Stuart.  There  is  an  ominous  fata- 
lity in  it,  which  even  the  spurious  descendants  of  the  fa- 
mily cannot  escape.  Oliver  Cromwell  had  the  merit  of 
conducting  Charles  the  first  to  the  block.  Your  corres- 
pondent Old  Noll  appears  to  have  the  same  design  upon 
the  Duke  of  Grafton.  His  arguments  consist  better  with 
the  title  he  has  assumed,  than  with  the  pnnciplt- s  he  pro- 
fesses ;  for,  though  he  pretends  to  be  an  advocate  for  the 
Duke,  he  takes  care  to  give  us  the  best  reasons  why  his 
pdtron  should  regularly  follow  the  fate  of  his  presumptive 
ancestor. — Through  the  whole  course  of  the  i-uke  of 
Grafton's  life,  I  see  a  strange  endeavour  to  unite  contra- 
dictions, v/hich  cannot  be  reconciled.  He  marries,  to  be 
divorced  ;  he  keeps  a  mistress,  to  remind  him  of  conjugal 
endearments  :  and  he  chooses  such  friends,  as  it  is  virtue 
in  him  to  desert.  If  it  were  possible  for  the  genius  of  tiiat 
accomplished  president  who  pronounced  sentence  upon 
Charles  the  Eirst  to  be  revived  in  some  modern  syco- 
phant, his  Grace,  I  doubt  not,  would  by  sympathy  dis- 
cover him  among  the  dregs  of  mankind,  and  take  him  for 
a  guide  in  those  paths  which  naturally  conduct  a  minister 
to  the  scaffold. 

The  assertion  that  two  thirds  of  the  nation  approve  of 
the  acceptance  of  Mr.  Luttrell  ;for  even  Old  Noll  is  too 
modest  to  call  it  an  election),  can  neither  be  maintained 
nor  confuted  by  argument.  It  is  a  point  of  fact,  on 
which  every  English  gentleman  will  determine  for  him- 
self. As  to  lawyers,  their  profession  is  supported  by  the 
indiscriminate  defence  of  right  and  v/rong  ;  and  I  confess 
I  have  not  that  opinion  of  their  knowledge  or  integrity, 
to  think  it  necessary  that  they  should  decide  for  me  upon 
a  plain  constitutional  question.  Vv^ith  respect  to  the  ap- 
pointment of  Mr.  Luttrell,  the  chancellor  has  never  yet 
given  any  authentic  opinion.  Sir  Fletcher  Norton  is  in- 
deed an  honest,  a  very  honest  man  ;  and  the  Attorney 
General  is  ex  offiw  the  guardian  of  li1>erty,  to  take  care. 


I  presume,  that  it  shall  never  break  out  into  a  crinilndi  c  - 
cess.  Doctor  Blackstone  is  Solicitor  to  the  Queen.  The 
Doctor  recollected  that  he  had  a  place  to  preserve,  though 
he  forgot  tliat  he  had  a  reputation  to  lose.  We  have 
noMT  the  good  fortune  to  understand  the  Doctor's  princi- 
ples as  well  as  writings.  For  the  defence  of  truth,  oflaw, 
and  reason,  the  Doctor's  book  may  be  safely  consulted; 
but  whoever  wishes  to  cheat  a  neighbour  of  his  estate,  or 
to  rob  a  country  of  its  rights,  need  make  no  scruple  of  con- 
sulting the  Doctor  himself. 

The  example  of  the  English  nobility  may,  for  aught  I 
know,  sufficiently  justify  the  Duke  of  Grafton,  when  he 
indulges  his  genius  in  all f he  fasliionable  excesses  of  the 
age  ;  yet,  considering  his  rank  and  station,  I  think  it  would 
do  him  more  honour  to  be  able  to  deny  the  fact,  than  to 
defend  it  by  such  authority.  But  if  vice  itself  could  be 
excused,  there  is  yet  a  certain  display  of  it,  a  certain  out- 
rage to  decency,  and  violation  of  public  decorum,  which, 
for  the  benefit  of  society,  should  never  be  forgiven.  Jt  is 
not  that  he  ^ept  a  mistress  at  home,  but  that  he  constantly 
attended  her  abroad.  It  is  not  the  private  indulgence,  but 
the  public  insult,  of  which  I  complain.  The  name  of 
Miss  Parsons  would  hardly  have  been  known,  if  the  First 
Lord  of  the  Treasur}^  had  not  led  her  in  triumph  through 
the  Opera  House,  even  in  the  presence  of  the  Queen. 
When  we  see  a  man  act  in  this  manner,  we  mayadmit 
the  shameless  depravity  of  his  heart,  but  what  are  we  to 
think  of  his  understanding  ? 

His  Grace,  it  seems,  is  now  to  be  a  regular  domestic 
man  ;  and,  as  an  omen  of  the  future  delicacy  and  cor- 
rectness of  his  conduct,  he  marries  a  first  cousin  of  the 
man  who  had  fixed  that  mark  and  title  of  infamy  upon 
him,  which,  at  the  same  moment,  makes  a  husband  un- 
happy and  ridiculous.  The  ties  of  consanguinity  may 
possibly  preserve  him  from  the  same  fate  a  second  time  ; 
and  as  to  the  distress  of  meeting,  1  take  for  granted  the 
venerable  uncle  of  these  common  cousins  has  settled  the 
etiquette  in  such  a  manner,  that,  if  a  mistake  should  hap- 
pen, it  may  reach  no  farther  than  from  Madame  mafcmme 
to  Midame  ma  coumie. 

The  Duke  of  Grafton  has  always  some  excellent   rea- 
son for  deserting  his  friends — The  age  and  incapacity  of 


'    62 

Lord  Chatham,  the  debility  of  Lord  Rockingham,  or  the 
infamy  of  Mr.  Wilkes.  There  was  a  time,  indeed,  when 
he  did  not  appear  to  be  quite  so  well  acquainted,  or  so 
violently  offended,  with  the  infirmities  of  his  friends. 
But  now,  I  confess,  they  are  not  ill  exchanged  for  the 
youthful,  vigorous  virtue  of  the  Duke  of  Bedford,  the 
firmness  of  General  Conway,  the  blunt,  or  if  1  may  call 
it  the  awkward,  integrity  of  Mr.  Rigby,  and  the  spotless 
morality  of  Lord  Sandwich. 

If  a  late  pension  to  a  broken  u  gambler  be  an  act  wor- 
thy of  commendation,  the  Duke  of  Grafton's  connections 
will  furnish  him  with  many  oj|jiortunities  of  doing  praise- 
v/orthy  actions  ;  and,  as  he  himself  bears  no  part  of  tlie 
expence,  the  generosity  of  distributing  the  public  money, 
for  the  support  of  virtuous  families  in  distress,  will  be  an 
unquestionable  proof  of  his  Grace's  humanity. 

As  to  the  public  affairs,  Old  Noil  is  a  little  tender  of 
descending  to  particidars.  Ke  does  not  deny  that  Corsica 
has  been  sacrificed  to  France;  and  he  confesses,  that 
with  regard  to  America,  his  patron's  measures  have  been 
subject  to  some  variation  ;  but  then  he  promises  wonders 
of  stability  and  firmness  for  the  future.  These  are  n^ys- 
teries  ol  which  we  must  not  pretend  to  judge  by  expe- 
rience ;  and,  truly,  1  fear  we  shall  perish  in  t  -e  Desert, 
before  v/e  arrive  at  the  Land  of  Promise.  In  the  rer^ular 
course  of  thiiigs,  the  period  of  the  Duke  of  Grafton's  mi- 
nisterial manhood  should  row  be  approaching.  The  im- 
becility of  his  infant-state  was  committed  to  Lord  Chat- 
ham. Charles  Townshend  took  some  care  of  his  educa- 
tion at  hat  ambiguous  age  wluch  lies  between  trie  follies 
of  political  childhood  and  the  vices  of  puberty.  The  eni' 
pire  of  the  passions  soon  succeeded.  His  earliest  prTciples 
and  connection  >.  were  of  course  torgotten  or  despised. 
The  coi  pany  he  has  lately  kept  has  !?een  of  i^.o  ser\  ice  to 
his  n  orals  ;  and,  in  t  e  conduct  of  public  affairs,  we  see 
the  character  of  his  time  of  life  strongly  distinguished. 
An  obstinate  uiigovernable  self-sufliciency  plainly  points 
out  to  us  that  state  of  im.perfect  maturty,  at  which  the 
gii»ceful  levity  of  youth  is  lost,  and  the  solidity  of  expe- 
rierice  not  yet  acquired.  It  is  possible  the  young  man 
may  in  time  grow  wiser,  and  reform;  but,  if  I  unde  - 
stand  hisdispositi  n,   it  is':iotof  such  corrigible  stuff,  that 


we  shbiiid  hope  for  any  amendment  in  him  before  he  has 
accompiiihed  tUe  destruction  of  this  country.  Like  other 
rakes,  he  may  perhaps  live  to  see  his  error,  but  not  until 
he  has  ruined  his  estate.  Puilo  Junius, 


LETTER  XV. 

TO     HIS    GRACE    THE     DUXK    OF    GRAFTON. 

MY  LORD,  J^jV  8.  1769. 

Lt'  nature  had  given  you  an  understanding  qua- 
lified to  keep  pace  with  the  wishes  and  principles  of  your 
heart,  she    would  have  made  you  perhaps  the  most  formi- 
dable minister  that  ever  w^as  employed   under  a  limited 
monarch,  to  accomplish  the  ruin  of  a  free  people.     When 
neither  the   teelini;^s  of   shame,    the   reproaches   of    con- 
science, nor  the  dread  of  punishment,  form  any  bar  to  the 
designs  of  a  minister,  the  people  would  have  too  much 
reason   to  lament  their  condidon,  if  they  did  not  find  some 
resource  in  the  weakness  of  his  understanding.     We  owe 
it  to  the  bounty  of  Providence,  that  the  completest  depra- 
vity of  the  heart  is, sometimes  sU'angely  united  with  a  con- 
fusion of  the  mind,  which  counteracts  the  most  favourit 
principles,  and  makes  the  same  man.  treacherous  withoi 
art,  and  a  liypocrite  without  deceiving.     The   measure;^, 
for    instance,  in    which    your   Grace's   activity    has    been 
chiefly  exerted^  as  they  were  adopted  without  skill,  should 
have  been  conducted  with  more  than  common  dexterity. 
But  truly,  my  i.ord,  the  execution  has  been  as  gross  as 
the   design.     By  one  deci^iive  step,  you :  have   defeated  all 
the  arts  of.  writing.     You  have  fairly  confounded  the   in- 
trigues  of  opposition,  and   silenced  the  clamours   of  f a : 
tion.     A  dark. ambiguous   system  might  require  and  fu 
nish  the  m.iterials  of  ingenious  Illustration  ;  and,  in  doubt- 
ful measures,  the  virulent  exaggeration  of  party  must  be 
employed,  to  rouse  and  engage  the  passions  of  the  people. 
You  have  now  broAtght  the  merits  of  your  administration 
to  an. issue,  on  which  every  Englishman,  of  the  narrow*, 
capacltv*   aiiv   dett^rmine   for  hiniself.     It  is  not  an  alaii. 
to   V'  '  .as,  br;t  a  cahii  iij.  uie  judgment  of  the 

peout.-i„'n'^"^  their  ov^'a  most    ,    .^^.^uiv  ini'ei'ests.      A  ♦•»^/->''^^ 


pcricnced  liiiiiister  would  not  have  hazarded  a  direct 
invasion  of  the  first  prhiciples  of  the  constitution,  before 
lie  had  made  some  progress  in  subduing  the  spirit  of  the 

ople.     With  such  a  cause  as  yours,   my  Lord,  it  is  not 

ifiicient  that   you  have  the  court  at  your    devotion,  im- 

s  you   can  find  means  to  corrupt  or  intimidate  the  jury.. 

[  e   collective  body  of  the   people    form  that  jury,    and 

m  their  decision  there  is  but  one  appeah 

Vv' hether  you  have  talents  to  support  you  at  a  crisis  of 
-uch  difficulty  and  danger,  should  long  since  have  been 
considered.  Judging  truly  of  your  disposition,  you  have 
perhaps  mistaken  the  extent  of  your  capachy.  Good 
h  and  folly  have  so  long  been  received  as  synonymous 
-  ims,  that  the  reverse  proposition  has  grown  into  credit, 
and  every  villain  fancies  himself  a  man  of  abilities.  It  is 
ihe  apprehension  of  your  friends,  my  Lord,  that  you  have 
drawn  some  hasty  conclusion  of  this  sort,  and  that  a  par- 
■  1   reliance  upon  your  moral  character  has  betrayed  you 

;  end  the  depth  of  your  understanding.  You  have  now 
:uriied  things  too  far  to  retreat.  You  have  plainly  de- 
iared  to  the  people  what  they  are  to  expect  from  the 
continuance  of  your  administration.  It  is  time  for  your 
th^ace  to  consider  what  you  also  may  expect  in  return 
^lom  their  spirit  and  their  resentment. 

Since  the  accession  of  our  most   gracious  Sovereign  to- 

..c  throne,  we  have  seen  a  system   of  government  which 

uvdY  well  be  called  a  reign  of  experiments.     Parties  of  all 

denominations  have  been  employed  and  dismissed.     The 

Ivice  of  the  ablest  men  in  this  country  has  been  repeat- 
(iiy    called  for  and  rejected  ;  and  when  the  royal  displea- 

ire  lias  been  signified  to  a  minister,  the  marks  of  it  have 
visually  been  proportioned  to  his  abilities  and  integrity. 
The  spirit  of  the  favourite  had  some   apparent  influence 

i)<:>n  every  administration  ;  and  every  set  of  ministers- 
^.  ^served  an  appearance  of  duration  as  long  as  they  sub- 
inhied  to  that  influence.  But  there  were  certain  services 
to  be  performed  for  the  favourite's  security,  or  to  gratify 
his  resentments,  Avhich  your  predecessors  in  office  had  the 
Vrisdom  or  the  virtue  not  to  luidertake.  The  moment 
this  refractory  spirit  was  discovered,  their  disgrace  was 
determined.  Lord  Chatham,  Mr.  Grenville,  and  lord 
Rockino-ham,  have  successively  had  the  honour  to  be   di;f. 


(«ii:-sed  for  preferring::;  their  duty, -  >  :>nts  at    il-. 

to  liiv-s^  coiiipiLinccs  wiiicii  were  expected  fi^;  ^^ta- 

ll.  \     "        '     've   auuiiniaa'auon   w..:;   iit  i,;...  ;-. - --i^hy 

c  Jesciters   of  ail  paities,  iiiterests,   and 

i:(  :,  ;   ai-l    -  outing   reaiaincci  but  to  find   a  ieadtr 

f  .  ;;lanL,    Weil    aj:.ei])iined    tioops.     btand   forth, 

IV  [or    U:OU  art  tiie    man.     Lord    Bute    (bund  no 

rv  a^P':;,>cijncc  or  security  in  tne  proud  imposing 

s  of    i.i>rd  Ciiati^.um's  abiiides,  the   siirewd  in- 

f:  i.^iaent  of  Mr    Grenville,  nor  in  the  miid  but 

..    inte|4ii-y   of    LoM   Rockingiiani.     His  views 
iaia  o.a;..aon  required  a  creature  void  of  all  these  proper- 
tieii;  and  he  was  forced  to  go  through  every  division,  re- 
soiuJoiT,  composition,  and  refinement,  of  political  chemis- ' 
try,  before  lie  happily  arrived  at  tiie  caim'  morcmun  of  vi- 
triol  in    your   Virace.      Flat   and  insipid  in  your    retired 
state,   but,  brought  into  action,  you  became  vitriol  again. 
Such    are   the   extremes   of    alternate   indolence   or   fury 
which   liave    governed  your  wl>ole  administration.     Your 
circumstances  with  regard  to  the  people  soon   becoming 
desperate,  like   other  honest  servants   you   deternuned  to 
involve  the  best  of  masters  in  the  same  difricuities  with 
yourself.      We    owe   it  to  your  Grace's  well-directed  la- 
bours, that  your  Sovereign  has  been  persuaded  to  doubi 
of  the  alfections  of  his  subjects,  and  the  people  to  suspect 
the  virtues  of  their  Sovereign,  at  a  time  when  both  were 
unquestionable.       You  have   degraded  the   Hoyal  dignity 
into    a    base    and    dishonourable    competition   with    Mr. 
Wilkes;  nor  had  you  abilities  to  carry  even  the  last  con- 
temptible triumph  over  a  private  man,  without  the  gros- 
sest violation  of  the  fundamental  laws  of  the  constitution 
and  rights  of  the  people,     ikit  these  are  rights,  my  Lord, 
which  you  can  no  more  annihilate,  than  you  can  the  spil 
to  which  they  are  annexed.     The  question  no  longer  turns 
upon  points  of  national   honour   and  security   abroad,  or 
on  the  degrees  of  expedience  and  propriety  of  measures 
at  home.     It  was  not  inconsistent  that  you  should  caban- 
don  the  cause  of  liberty  in  anotiier  country,  which  "you 
had  persecuted  in  your  own  ;   and  in  the  common  arts' of 
domestic  corrupiioiu  Vv^e  miss  no  part  of  Sir  Robert  Wal- 
pole's  system  except  his  aoiliiies.     In  this  humble  imita- 
tive line  you  raigat  long  have   proceeded   safe  and  con- 

D    3 


6^ 

lenij.'  .    ii'iigiil  probably  ne^cr  have  lis^^n  to  the 

digiiiiy  oi  u.Lii;^  hated  and  even  have  been  despised  with 
moderation.  But  it  seems  you  meant  to  be  distinguish- 
ed ;  and,  to  a  mind  like  yours,  there  vv^as  no  other  road 
to  fame  but  by  the  destruction  of  a  noble  faljric,  which 
you  thouglit  had  been  too  long  the  admiration  of  man- 
Ivind  The  use  you  have  made  of  the  military  force  in- 
troduced an  alarming;  change  in  the  mode  of  executing 
the  laws.  The  arbitrary  appointment  of  Mr.  Luttreil  in- 
vades the  foundation  of  the  lav^  s  themselves,  as  it  mani- 
festly transfers  the  right  of  legislation  from  those  whom 
the  people  have  chosen,  to  those  whom  they  have  rejected- 
Yv'ith  a  succession  of  such  appointments,  we  may  soon 
cce  a  House  of  Commons  collected,  in  the  choice  of  which 
the  other  towns  and  counties  of  England  will  have  as  little. 
share  as  the  devoted  county  of  Middlesex. 

\^l  1  trust  that  your  Grace  will  find  that  the  people 
cf  chis  coirnlry  are  neither  to  be  intimidated  by  violent 
measures,  nor  deceived  by  relinements.  When  they  see 
Mr.  Luttreil  seated  in  the  House  of  Commons  by  mere 
dint  of  power,  and  in  direct  opposition  to  the  choice  of  a 
v/hole  county,  they  will  not  listen  to  these  subtleties  by 
which  every  arbitrary  e:^ertion  of  authority  is  explained: 
into  the  law  and  privilege  of  parliament.  It  requires  no: 
persuasion  of  argument,  but  simply  the  evidence  of  the 
senses,  to  convince  them,  that  to  transfer  the  right  of 
election  from  the  collective  to  the  representative  body  of 
the  people,  contradicts  all  those  ideas  of  a  House  o£  Com- 
inons,  which  they  have  received  from  their  forefathers, 
and  which  they  had  already,  though  vainly  perhaps,  de- 
livered to  their  children.  The  principles  on  which  this 
vio]t:;/i  measure  has  been  defended,  have  added 'scorn. to 
:iijva'}'  ;  and  forced  us  to  feel,  that  we  are  not  only  oppres- 
3tt^d,  but  insulted. 

With  what  force^  my  Lord,  w^ith  what  protection,  are 
jion  prepared  to  meet  the  united  detestation  of  the  people 
©f  England  ?  The  city  of  London  has  given  a  generous 
example  to  the  kingdom,  in  what  manner  a  king  of  this 
country  ought  to  be  addressed  ;  and  I  fancy,  my  Lord,  it 
is  not  yet  in  your  courage  to  stand  between  your  Sove- 
reign and  the  addresses  of  his  subjects  The  injuries  you 
irv^ve  done  this  country  are  such  as  demand  not  only  re^^ 


iiicss,  but  venj^cuiice,  In  vuia  shall  yod  look  f^r  pi-oteo  > 
lion  to  that  venal  vote,  v/hich  you  have  already  paid  for. 
— Another  must  be  purchased  ;  and,  to  save  a  minister, 
the  House  of  Commons  must  declare  themselves  not  only 
independent  of  their  constituents,  but  the  determined 
enemies  of  the  constitution.  Consider,  my  Lord,  whe- 
ther this  be  an  extremity  to  which  their  fears  will  permit 
them  to  advance  ;  or,  if  their  protection  should  fail  you, 
hovi^  far  you  are  authorised  to  rely  upon  the  sincerity  of 
those  smiles  which  a  pious  court  lavishes  without  reluc- 
tance upon  a  libertine  by  profession.  It  is  not  indeed  the 
least  of  the  thousand  contradictions  which  attend  you». 
that  a  man,  marked  to  tlie  world  by  the  t^rossest  violation  . 
of  all  ceremony  and  decorum,  should  be  the  first  servant 
of  a  coiu't,  in  which  prayers  are  morality,  and  kneeling  is. 
religigii^  Trust  not  too  far  to  appearances,  by  which 
your  predecessors  have  been  deceived,  though  they  have 
not  been  injured.  Even  the  best  of  princes  may  at  last 
discover,  that  this  is  a  contention,  in  which  every  thing. 
raay  be  lost,  but  nothing  can  be  gained  ;  and  as  you  be- 
line  minister  by  accident,  were  adopted  without  choice, 
rusted  witliout  confidence,  and  continued  without  fa~ 
vour,  be  assured,  that,  whenever  an  occasion  presses,  you 
uill  be  discarded  without  even  the. forms  of  regret.  You 
will  then  havt)  Veason  to  be  thankful,,  if  you  are  permitted 
to  retire  to  that  seat  of  learning,  which,  in  contempla- 
tion of  the  system  of  your  life,  the  comparative,  purity  of 
your  manners  with  those  of  their  high  steward,  and  a 
thousand  other  recommending  circumstances,  has  chosen 
you  to  encourage  the  growing  virtue  of  their  youth,  and 
to  preside  over  their  education.  Whenever  tne  spirit  of 
distributing  prebends  and  bishopricks  shall  have  departed 
from  you,  you  will  find  that  learned  seminary  perfectly 
recovered  from  the  delirium  of^an  installation,  and,  what 
in  truth  it  ought  to  be,  once  more  a  peaceful  scene  of 
9luml;er  and  thoughtless  meditation.  The  venerable  tu- 
tors of  the  university  v/ill  no  longer  distress  your  modesty, 
by  proposing  you  for  a  pattern  to  their  pupils.  The 
learned  dulness  of  declamation  will  be  silent;  and  even 
the  venal  muse,  though  happiest  in  fiction,  will  forget 
your  virtues.  Yet,  for  the  benefit  of  the  succeeding  age, 
I  could  wish  that  your  retreat  might  be  deferred,    until 


66 

your  raorais  nhixll  h  ippily  be  ripened  to  that  maiurHv  -^ 
corriiptioxj^  at  wiiioii  L^'j    worbt  CAdiapiei  ccuseto   be  cv 

tlii-ilUliS.  -J  '■'  -"  ■*■  -  -  • 


LETTER    XVL 

TO    THE     FRINTER    OF     THE     PUBLIC     ADVERTISER. 

eiR,  Ja1y  19    1^69. 

A  GR?:  AT  deal  of  useless  ar  ument  might  hav6  ^ 
been  saved  in  the  political  contest,  vviuch  has  arisen  from 
the  expulsion  of  Mr.  Wilkes  and  the  suhsequent  appoint- 
ment or  Mr.  l-Uttreli,  if  the  quesdon  had  been  once  stated 
with  precision,  to  the  satisfaction  of  each  party,  and 
clearly  understood  by  them  botli.  But  in  this,  us  in  al- 
most every  other  dispute,  it  usually  happens,  that  much 
time  is  lost  in  referring  to  a  multiiude  of  cases  and  pre- 
cedents, which  prove  nothing-  to  tne  purpose  ;  or  in 
maintaining  propositions,  wiiich  are  either  not  disijuted? 
or,  whether  they  be  admitted  or  denied,  are  entirely  in- 
different as  to  the  matter  in  debate  ;  until  at  last  the 
mind,  perplexed  and  confounded  with  the  endless  subtle- 
ties of  controversy,  loses  sight  of  the  main  question,  and 
never  arrives  at  truth.  Both  parties  in  the  dispute 
are  apt  enough  to  practise  these  disnonest  arti  ces.  The 
man  wi:o  is  conscious  of  the  weakness  of  his  cause,  is  inte- 
rested in  concealing  it :  and,  on  the  other  side,  it  is  not  un- 
common to  see  a  good  cause  mangled  by  advocates  who  do 
not  know  the  real  strength  of  it. 

I  sV.ould  be  glad  to  know,  for  instance,  to  what  jpur- 
pose,  in  the  present  case,  so  many  precedents  have  beert 
produced  to  prove,  that  the  House  of  Commons  have  a 
right  to  expel  one  of  their  own  members  ;  that  it  belongs 
to  tiicm  to  judge  of  tiie  validity  of  elections;  or  that  the 
law  of  parliament  is  part  of  the  law  of  the  land  ^  ?  After 
all  these  propositions  are  admitted,  Mr.  Luttreli's  right  to 
his  seat  will  continue  to  be  just  as  disputable  as  it  was 
before  Not  one  of  them  is  at  present  in  agitation.  Let 
it  be  adniitued  that  the  House  of  Commons  were  autho- 
rised to  expel  Mr.  Wilkes,  that  they  are  the  proper  court 
to  judge  of  electionsj  and  that   the  law  of  parliament  is 


69 

binding  upon  the  people:  stiil  it  remains  to  be  inquired, 
whether  the  house,  by  their  resolution  in  favour  of  Mr. 
Luttrell,  have  or  have  not  truly  declared  that  law.  To 
facilitate  this  inquiry,  I  would  have  the  question  cleared 
of  all  foreign  or  indifferent  matter.  The  following  state 
of  it  will  probably  be  thought  a  fair  one  by  both  parties ; 
and  then  1  imagine  there  is  no  gentleman  in  this  country, 
who  will  not  be  capable  of  forminga  judicious  and  true  opi- 
nion upon  it.  I  take  the  question  to  be  strictly  this  : 
"  Whether  or  not  it  be  the  known,  established  law  of 
"  parliament,  that  the  expulsion  of  a  member  of  the 
*'  House  of  Commons  of  itself  creatt?-s  in  him  such  an  in- 
*'  capacity  to  be  re-elected,  that,  at  a  subsequent  elec- 
"  tion,  any  votes  given  to  him  are  null  and  void ;  and 
"  that  any  other  candidate,  who,  except  the  person  expel- 
"  led,  has  the  greatest  number  of  votes,  ought  to  be  the 
''  sitting  member  I*"* 

To  prove  that  the  affirmative  is  the  law  of  parliament, 
I  apprehend  it  is  not  sufficient  for  the  present  House  of 
Commons  to  declare  it  to  be  so.  We  may  shut  our  eyes 
indeed  to  the  dangerous  consequences  of  suffering  one 
branch  of  the  Legislature  to  declare  new  laws,  without 
argument  or  example,  and  it  may  perhaps  be  prudent 
enough  to  submit  to  authority  ;  but  a  mere  assertion  will 
never  convince,  much  less  will  it  be  thought  reasonable 
to  prove  the  right  by  the  fact  itself.  The  ministry  h^vc 
not  yet  pretended  to  such  a  tyranny  over  our  minds.  .  T© 
support  the  affiiniallve  fairly,  it  will  either  be  necessary 
to  produce  some  statute,  in  which  that  positive  provision 
shall  have  been  made,  that  specific  disability  clearly  ere* 
.ated,  and  the  consequences  of  it  declared;  or,  if  there 
be  no  such  statute,  the  custom  of  parliament  must  then 
be  referred  to  ;  and  some  case  or  cases^^,  strictly  in  point, 
must  be  produced,  with  the  decision  of  the  court  upon 
them ;  for  I  readily  admit,  that  the  custom  of  parliament, 
once  clearly  proved,  is  equally  binding  with  the  common 
and  statute  law. 

The  consideration  of  vvhat  may  be  reasonable  or  unrea,- 
sonable  makes  no  part  of  this  question.  We  are  inquir- 
ing what  the  law  is,  not  what  it  ought  to  be.  Reason 
may  be  applied  to  show  the  impropriety  or  expedience  of 
a  law,  but   we  must  have  either  statute  or  precedent  to 


70 

prove  the  existence  of  it.  At  the  same  time  I  do  not 
mean  to  admit  that  the  late  resolution  of  tiie  House  of 
Commons  is  defensible  on  general  principles  of  reason, 
any  more  than  in  law.  This  is  not  the  hinge  on  which  the 
debate  turns. 

Supposing,  therefore,  that  I  have  laid  down  an  accurate 
state  of  the  question,  I  will  venture  to  affirm,  1st,  That 
there  is  no  statute  existing,  by  which  that  specific  disabi- 
lity which  we  speak  of  is  created.  If  there  be,  let  it  be 
produced.     The  argument  will  then  be  at  an  end. 

2dly,  That  there  is  no  precedent,  in  all  the  proceed- 
ings of  the  House  of  Commons,  which  comes  entirely 
home  to  the  present  case,  viz.  "  where  an  e:<pelled  mem- 
"  ber  has  been  returned  again,  and  another  candidate, 
"  with  an  inferior  number  of  votes,  has  been  declared 
"  the  sitting  member."  If  there  be  such  a  precedent,  let 
it  be  given  to  us  plainly,  and  I  am  sure  it  will  have  more 
weight  than  ail  the  cunning  arguments  which  have  beer 
drawn  from  inference  and  probabilities. 

The  ministry  in  that  laborious  pamphlet,  which  I  pre- 
sume contains  the  whole  strength  of  the  party,  have  de^ 
Glared*,"  That  Mr.  Walpole's  was  the  first  and  only  in 
''  stance  in  which  the  electors  of  any  county  or  borougl 
"  had  returned  a  person  expelled  to  serve  in  the  same 
"  parliament."  It  is  not  possible  to  conceive  a  case  mon 
exactly  in  point.  Mr.  Vvalpole  was  expelled  ;  and,  hav 
ing  a  majority  of  votes  at  the  next  election,  was  return 
ed  again.  The  friends  of  Mr.  Taylor,  a  candidate  se 
up  by  the  ministry,  petitioned  the  House  that  lie  migh 
be  the  siting  member.  Thus  far  the  circum  tctnces  talb 
exactly,  except  that  our  Flouse  of  Commons  saved  Mr 
Luttrell  the  trouble  of  petiiioning.  The  point  of  law 
however,  was  the  same.  It  came  regularly  before  th 
House,  and  it  was  their  business  to  determine  upon  it 
They  did  determine  it,  for  they  declared  Mr.  Taylor  no 
duly  elected.     If  it  be  said  that  they  meant  th'  ^itioi 

as  matter  of  favour  and  iiKlul-^ence  to  the  bor;....:  .  viiicl 
had  retorted  Mr.  VVh.-;)- ..■  \ipnn  uuni,  in  ovdjr  that  tii 
burgesses,  knowing  Vvhat  tiie  luvv  m'us,  might  correct  thei 
error*,  1  answer, 

I.     i  hut  it  is  a   strange]  v/ay  of  arguing,  to   oppose 


supposition,  whicii  no  man  can  prove,  to  a  fact  which  pro^s 
Itself. 

II.  That  if  this  were  the  intention  of  the  House  of 
Commons,  it  must  have  defeated  itself.  The  hurgesses  of 
Lynn  could  never  have  known  their  error,  much  less 
could  they  have  corrected  it  by  any  instruction  they  re- 
ceived from  the  proceedings  of  the  House  of  Commons. 
They  might  perhaps  have  foreseen,  that,  if  they  returned 
^Ir.  Walpole  again,  he  would  again  be  rejected ;  but  they 
hev'^r  could  infer,  from  a  resolution  by  wliicli  tlie  candidate 
with  the  fewest  votes  was  declared  not  duly  elefted,  that,  at 
a  future  election,  and  in  similar  circumstances,  the  House 
t>f  Commons  would  reverse  their  resolution,  and  receive 
the  same  candidate  as  duly  elected  whom  they  had  before 
rejected. 

I  This  indeed  would  have  been  a  most  extraordinary  way 
bf  declaring  the  law  of  pr.rnament,  and  what  \  presume  no 
man,  whose  understanding  is  not  at  cross-purposes  with 
itself,  could  possibly  understand. 

If,  in  a  case  of  tids  importance,  I  thought  myself  at  liberty 
to  argue  *rom  suppositions  rather  tl  an  from  facts,  I  tl  ink 
the  probability,  in  this  instance,  is  directly  the  reverse  of 
w' at  the  ministry  affirm;  and  that  it  is  much  more  likely 
that  the  House  of  Commons  at  tliat  time  would  rather  have 
strained  a  point  in  favour  of  Mr.  Taylor,  than  that  they 
would  have  violated  tlie  law  of  parliament,  .md  robbed  Mr. 
Taylor  of  a  right  legally  vestedin  him,  to  gratify  a  refractory 
Iborough,  which,  in  defiance  of  them,  had  returned  a  person 
branded  with  the  strongest  mark  of  the  displeasure  of  the 
House. 

But  really.  Sir,  this  way  of  talking,  for  I  cani  ot  call 
it  argument,  is  a  mockery  of  the  common  understanding 
of  the  nation,  too  gross  to  be  endured.  Our  dearest  in- 
terests are  at  stake.  An  attempt  has  been  made,  not 
merely  to  rob  a  single  county  of  its  rights,  but,  by  ine- 
vitable consequence,  to  alter  tie  constitution  of  the  House 
of  Commons.  This  fatal  attempt  has  succeeded,  and 
stands  as  a  precedent  recorded  forever.  If  the  mi:  istry 
are  unable  to  defend  their  cause  by  fair  argument  found- 
ed on  facts,  let  them  spare  us  at  least  the  mortification  ot 
being  amused  and  deluded  like  children.  I  believe  there 
is  yet  a  spirit  of  resistance  in  this  country,  which  will  not 


submit  to  be  oppressed :  but  I  am  sure  there  is  a  fund  of 
good  sense  in  this  country,  which  cannot  be  deceived. 

Junius. 


LETTER  XVII. 

TO  thf:  printer   of  the  public  advertiser* 

SIR,  Aug.  1.  ire9. 

It  will  not  be  necessary  for  Junius  to  take  the 
trouble  of  answering  your  correspondent  G.  A.  or  the 
quotation  from  a  speech  without  doors,  published  in  your 
paper  of  the  28th  of  last  month.  The  speech  appeared 
before  Junius's  letter  ;  and  as  the  author  seems  to  consider 
the  great  proposition,  on  which  all  his  argument  depends, 
viz.  That  Mr.  Wilkes  was  under  that  known  legal  incapacity 
of  which  Junius  speaks,  as  a  point  granted,  his  speech  is  in 
no  shape  an  answer  to  Junius,  for  this  is  the  very  question  in 
debate. 

As  to  G.  A.  I  observe,  first,  that  if  he  did  not  admit 
Junius's  state  of  the  question,  he  should  have  shown  the 
fallacy  of  it,  or  given  us  a  more  exact  one  ; — secondly,  that 
considering  the  many  hours  and  days  which  the  ministry 
and  their  advocates  have  wasted  in  public  debate,  in  com- 
piling large  quartos,  and  collecting  innumerable  precedents, 
expressly  to  prove  that  the  late  proceedings  of  the  House  of 
Commons  are  warranted  by  the  law,  custom,  and  practice  of 
parliament,  it  is  rather  an  extraordinary  supposition,  to  be 
made  by  one  of  their  own  party,  even  for  the  sake  of  argu- 
ment, "  That  no  such  statute,  no  such  custom  of  parliament, 
'^  no  such  case  in  point,  can  be  produced."  G.  A.  may 
however  make  the  supposition  with  safety.  It  contains 
nothing  but  literally  the  fact,  except  that  there  is  a  case 
exactly  in  point,  with  a  decision  of  the  House  diametrically 
opposite  to  that  which  the  present  House  of  Commons 
came  to  in  favour  of  Mr.  Luttrell. 

The  ministry  now  begin  to  be  ashamed  of  the  weakness 
of  their  cause  ;  and,  as  it  usually  happens  with  false- 
hood, are  driven  to  the  necessity  of  shifting  their  ground, 
and  changing  their  whole  defence.  At  first  we  were 
told,  that  nothing  could  be  clearer  than  that  the  proceed- 


ings  of  the  House  of  Commons  were  justified  by  the  known 
law  and  uniform  custom  of  parliament.  But  it  now  seems, 
if  there  be  no  law,  the  House  of  Commons  have  a  right 
<o  make  one  ;  and  if  there  be  no  precedent,  they  have  a 
right  to  create  the  first : — for  this  I  presume  is  the  amount 
of  the  questions  proposed  to  Junius.  If  your  correspond- 
ent had  been  at  all  versed  in  the  law  of  parliament,  oi^ 
generally  in  the  laws  of  this  country,  he  would  have  seen 
that  his  defence  is  as  weak  and  false  as  the  former. 

The  privileges  of  either  House  of  Parliament,  it  is  true, 
are  indefi  ite,  that  is,  they  have  not  been  described  or 
laid  down  in  any  one  code  or  declaration,  whatsoever ; 
but  whenever  a  question  of  privilege  has  arisen,  it  has  in- 
variably been  disputed  or  in?iintained  upon  the  footing  of 
precedents  alone  y.  In  the  course  of  the  proceedings  upon  . 
the  Aylsbury  election,  tie  House  of  Lords  resolved', 
"  Tha'  neither  House  of  Parliament  had  any  power,  bjf 
''  any  vote  or  declaration,  to  create  to  themselves  any  i\t\v  ^ 
"  privilege  that  was  not  warranted  by  the  ^-^^^^vn  Jm^ 
"  and  customs  of  parliament/'  And  to  this  ride'iPhe 
Hcuse  of  Commons,  though  otherwise  tliey  had  acted  in  a 
very  arbitrary  manner,  gavetheir  assent ;  for  they  affirmed 
that  they  had  guided  themselves  by  it,  in  asserting  their 
privileges. — Now,  Sir,  if  this  be  true  with  respect  to 
matters  of  privilege,  in  which  the  House  of  Commons,  in- 
dividually  and  as  a  body,  are  principally  concerned,  hov/ 
much  more  strongly  will  it  hold  against  any  pretended 
power  in  that  House  to  create  or  declare  a  new  law,  by 
which  not  only  the  rights  of  the  House  over  their  own 
member,  and  those  of  the  member  himself,  are  included, 
but  all  those  of  a  third  and  separate  party,  I  mean  the 
freeholders  of  the  kingdom  ?  ^To  do  justice  to  the  mi- 
nistry, they  have  not  yet  pretended  that  any  one,  or  any 
two  of  the  three  estates  have  power  to  make  a  new  law, 
without  the  concurrence  of  the  third.  They  know  that 
a  man  who  maintains  such  a  d9Ctrine,  is  liable,  by  sta- 
tute, to  the  heaviest  penalties/  They  do  not  acknow 
ledge  that  the  House  of  Commons  have  assumed  a  new 
privilege,  or  declared  a  new  law.  On  the  contrary,  they 
affirm  that  their  proceedings  have  been  strictly  conform- 
able to,  and  founded  upon  the  ancient  law  and  custom  of 
parliament.     ThuS;  therefore,  the  question  returns  to  the 


74 

point  at  v/hich  Junius  had  fixed  it,  viz.  "  Whether  or  i  o 
*'  this  be  the  law  of  pariiament  ?  if  it  be  not,  the  House 
of  Comnaons  had  no  legal  authority  to  establish  the  pre- 
cedent ;  and  the  precedent  itself  is  a  mere  fact,  without 
any  proof  of  right  whatsoever. 

Your  correspondent  concludes  with  a  question  of  the 
simplest  nature,  Must  a  thing  be  wrong,  because  it  has 
never  been  done  before?  No.  But  admitting  it  were 
proper  to  be  done,  that  alone  does  not  convey  any  autho- 
rity to  do  it.  As  to  the  present  case,  I  hope  I  shall  ne- 
ver see  the  time  wiien  not  only  a  single  person,  but  a 
■whole  country,  and  in  effect  the  entire  collective  body  of 
the  people,  may  again  be  robbed  of  their  birth  right,  by 
a  vote  of  the  House  of  Commons.  But  if,  for  reasons 
■which  I  am  unable  to  comprehend,  it  be  necessary  to  trust 
that  House  with  a  power  so  exorbitant  and  so  unconstitu- 
tional, at  least  let  it  be  given  to  them  by  an  act  of  the  legis- 
lature. 

Phiio  Juxius. 


LETTER  XVHT. 


TO    SIR    WILLIAM    BI.ACKSTONE,      SOLICITOR     GE^-ERAL    TO 
HER    MAJESTY. 

SIR,  Julv  29.  17G9. 

I  s.iALL  make  you  no  apology  for  considering  a 
certain  pamphlet,  in  which  your  late  conduct  is  defended, 
as  written  by  yourself.  The  personal  interests,  the  per- 
sonal resentments,  and,  above  all,  that  wounded  spirit, 
unaccustomed  to  reproach,  and  I  hope  not  frequently 
conscious  of  deserving  it,  are  signals  which  betray  the  au- 
thor to  us  as  plainly  as  if  your  name  were  in  the  title- 
page.  You  a])peal  to  the  public  in  defence  of  your  repu- 
tation. We  hold  it.  Sir,  that  an  injury  offered  to  an 
individual,  is  interesting  to  society.  On  this  principle, 
the  people  of  England  made  common  cause  with  Mr. 
Wilkes.  On  this  principle,  if  you  are  injured,  they  will 
join  in  your  resentment.  I  shall  not  follow  you  through 
the  insipid  form  of  a  third  person,  but  address  myself  to 
you  dire ctlv. 


You  seein  to  think  the  channel  of  a  pamphlet  more  re- 
spectable, and  better  suited  to  the  dignity  of  your  cause 
than  tliat  of  a  newspaper.  Be  it  so.  Yet  if  newspapers 
are  scurrilous,  you  must  confess  they  are  impartial.  ^  They 
give  us,  without  any  apparent  preference,  the  wit  and 
argument  of  the  ministry,  as  well  as  the  abusive  dulness 
of  the  opposition.  The  scales  are  equally  poised.  It  is  not 
^he  printer's  fault,  if  the  greater  weight  inclines  the  balance. 

Your  pamphlet  then  is  divided  into  an  attack  upon  Mr. 
Grenville's  character,  and  a  defence  of  your  own.  It 
would  have  been  more  consistent  perhaps  with  your  pro- 
fessed intention,  to  have  confined  yourself  to  tiie  last. 
But  anger  has  some  claim  to  indulgence,  and  railing  is 
usually  a  relief  to  the  mind.  I  hope  you  have  found  be- 
nefit from  the  experiment.  It  is  not  my  design  to  enter 
into  a  formal  vindication  of  Mr.  Grenville,  upon  liis  own 
principles.  I  have  neither  the  honour  of  being  personally 
known  to  him,  nor  do  I  pretend  to  be  completely  master 
of  all  the  facts.  I  need  not  run  the  risk  of  doing  an  in- 
justice to  his  opinion«i,  or  to  his  conduct,  when  your  pavii- 
phlet  alone  carries  upon  tlie  face  of  it  a  full  vindication  of 
both. 

Your  first  reflection  is,  that  Mr.  Grenville  »  was,  of  all 
men,  the  person  who  should  not  have  complained  of  in- 
consistence witli  regard  to  Mr.  Wilkes.  This,  Sir,  is 
either  an  unmeaning  sneer,  a  peevish  expression  of  resent- 
ment, or,  if  it  means  any  thing,  you  plainly  beg  the 
question ;  for  Avhether  his  parliamentary  conduct  with 
regard  to  Mr.  Wiikes  has  or  has  not  been  inconsistent> 
remains  yet  to  be  proved.  But  it  seems  he  received  upon 
the  spot  a  sufficient  chastisement  for  exercising  so  unfairly 
his  talents  of  misrepresentation.  You  are  a  lawyer,  Sir, 
and  know  better  than  i  do  upon  what  particular  occasions 
a  talent  for  misrepresentation  may  be  fairly  exerted ;  but 
to  punish  a  man  a  second  time,  when  he  has  been  once 
sufficiently  chastiicd,  is  rather  too  severe.  It  is  not  iii 
the  laws  of  England  ;  it  is  net  in  your  own  Commen- 
taries ;  nor  is  it  yet,  I  belitve,  in  the  new  law  you  hava 
revealed  to  the  House  of  Commoris.  I  hope  this  doctrine- 
has  no  existence  but  in  your  ov/U  heart.  After  all,  Sir, 
if  vor,  had  consulted  that  sober  discretion,  which  you 
>pose  with   triun^ph  to   the  lionest  jollity  of  ,4* 


^averiij  it  mighi  have  occured  to  you,  that,  although  5'ou 
could  have  succeeded  in  fixing  a  charge  of  inconsistence 
upon  Mr.  Grenville,  it  would  not  have  tended  in  any  shape 
to  exculpate  yourself. 

Your  next  insinuation,  that  Sir  William  Meredith  had 
•astily  adopted  the  false  glosses  of  his  new  ally,  is  of  the 
same  sort  with  the  first.  It  conveys  a  sneer  as  little  wor- 
thy of  the  gravity  of  your  character,  as  it  is  useless  to 
your  defence.  It  is  of  little  moment  to  the  public  to  in- 
quire, by  whom  the  charge  w^as  conceived,  or  by  whom 
it  was  adopted.  The  only  question  we  ask  is,  whether 
or  no  it  be  true?  The  remainder  of  your  reflections 
upon  Mr.  Grenviile's  conduct  destroy  themselves.  He 
could  not  possibly  come  prepared  to  traduce  your  inte- 
grity to  the  House.  He  could  not  foresee  that  you  would 
even  speak  upon  the  question ;  much  less  would  he  fore- 
see that  you  could  maintain  a  direct  contradiction  of  that 
doctrine,  which  you  had  solemnly,  disinterestedly,  and, 
upon  soberest  reflection,  delivered  to  the  public.  He 
came  armed'  indeed  with  wiiat  he  thought  a  respectable 
authority,  to  support  v/hat  he  was  convinced  v/as  the 
cause  of  truth ;  and  I  doubt  not  he  intended  to  give  you, 
in  the  course  of  the  debate,  an  honourable  and  public 
testimony  of  his  esteem.  Thinking  highly  of  his  abili- 
ties, I  cannot  however  allow  him  the  gift  of  divination.  As 
to  w^hat  you  are  pleased  to  call  a  plan  coolly  formed  to 
impose  upon  the  House  of  Commons,  and  his  producing 
it  \vlthout  provocation  at  midnight,  I  consider  it  as  the 
language  of  pique  and  invective,  therefore  unworthy  of 
regard.  But,  Sir,  I  am  sensible  I  have  followed  your 
example  too  long,  and  \vandered  from  the  point. 

The  quotation  from  your  Commentaries  is  matter  of 
record.  It  can  neither  be  altered  by  your  friends,  nor 
liisrcDresented  by  your  enemies;  and  I  am  vviiii.  .,  to  take 
our  own  word  for  what  you  have  said  in  the  House  of 
"ommons.  If  there  be  a  real  diflcrence  between  what 
.  ou  have  written  and  what  you  have  spoken,  you  confess 
:>at  your  book  ought  to  be  the  standard.  Now,  Sir,  if 
,,()rds  mean  any  thing,  I  apprehend,  that  wiien  a  long 
numeration  of  disqualifications  (whether  by  statute  oi- 
he  custom  of  fariiament)   concludes   wath  these  general 


«-  ana  ci  '  dtions,  every  subject  of  the  realm  is  eligible 

'*  of  coiMiiiOii  light,"  a  reader  of  phiin  understanding  must 
of  course  rest  satisfied  that  no  species  of  disqualification 
whatsoever  had  been  omitted.  The  known  character  of 
the  author,  and  the  apparent  accuracy  with  which  the  whole 
Vv'ork  is  complied,  would  confirm  l.im  in  his  opinion ;  nor 
could  he  possibly  form  any  other  judgment,  without  looking 
upon  your  Commentaries  in  the  same  light  in  which  you 
consider  those  penal  laws  which,  though  not  repealed,  are 
fallen  into  disuse,  and  are  now  in  effect  a  snark  to  tiije 

UNWARY  a. 

You  teli  us  indeed,  that  it  v/as  not  part  of  your  plan  to 
specify  any  temporary  incapacity  ;  and  that  you  could  not, 
witliout  a  spirit  of  prophecy,  have  specified  the  disability 
of  a  private  individual,  subsequent  to  the  period  at  which 
you  wrote.  What  your  plan  M^as,  I  know  not ;  but  what 
it  should  have  been,  in  order  to  complete  the  work  you 
liave  given  us,  is  by  no  means  difficult  to  determine.  The 
incapacity,  which  you  call  temporary,  may  continue  seven 
yea's  ;  and  though  you  might  not  liave  foreseen  the  par- 
ticular case  of  Mr.  Wilkes,  you  might,  and  should  have 
foreseen  the  possibility  of  such  a  case,  and  told  us  how  far 
the  House  of  Commons  were  authorised  to  proceed  in  it 
by  the  law  and  custom  of  parliament.  The  freeholders  of 
Middlesex  would  then  have  known  what  they  had  to  trust 
to,  and  would  never  have  returned  Mr.  Wilkes,  when 
Colonel  Luttrell  was  a  candidate  against  him.  They  would 
have  chosen  some  indifferent  person,  rather  than  submit  to 
be  represented  by  the  object  of  their  contempt  and  detej^- 
tation . 

Your  attempt  to  distinguish  between  disabilities  which 
affect  whole  classes  of  men,  and  those  which  affect  indivi- 
duals only,  is  really  unworthy  of  your  understanduig. 
Your  Commentaries  had  taught  me,  that  although  the  in* 
stance  in  which  a  penal  law  is  exerted  be  particular,  the 
laws  themselves  are  general.  They  are  made  for  the  be- 
nefit and  instruction  of  the  public,  though  the  penalty 
falls  only  \\\  on  an  individual.  You  cannot  but  know, 
Sir,  that  what  was  Mr.  Wilkes's  case  yesterday,  may  be 
yours  or  mine  to-morrow;  and  that,  consequently,  the 
comm  •  rigl.t  of  every  subject  of  the  realm  is  invaded  by 
k.     Froiessing,  therefore,  to  treat  of  the  constitution  of  the 

D    2 


...iuusu  u.  v^oriimOiiSj  and  of  the  la^r.-  cum  <.  Uotuiii.^  icitiiivc 
to  that  constitution,  you  certainly  were  guilty  of  a  most 
unpardonable  omission  in  taking  no  notice  of  a  right  and 
privilege  of  the  House,  more  extraordinary  and  more  arbi- 
trary than  all  the  others  they  possess  put  together.  If  the 
expulsion  of  a  member,  not  under  any  legal  disability,  of 
itself  creates  in  him  an  incapacity  to  be  elected,  I  see  a 
ready  Vv^ay  marked  out,  by  which  the  majority  may  at  any 
time  remove  the  honestest  and  ablest  men  v/ho  happen  to 
be  in  opposition  to  them  To  say  that  they  will  not  make 
this  extravagant  use  of  their  power,  vrould  be  a  language 
unfit  for  a  man  so  learned  in  the  laws  as  you  are.  By 
your  doctrine.  Sir,  they  have  the  power;  and  lav^^s,  you 
know,  are  intended  to  guard  against  what  men  may  do^ 
not  to  trust  to  what  they  will  do. 

Upon  the  whole.  Sir,  the  charge  against  you   is  of  a 

r'ain,   siniple  nature:    It  appears  even  upon  the  face  of 

iir  own  pamphlet.     On  the  contrary,  your  justification 

.:  yourself  is  full  of  subtlety  and  refinement,  arid  in  some 

laces  not  very  intelligible.  If  1  v/ere  personally  your 
enemy,  I  should  dwell,  with  a  malignant  pleasure,  upon 
those  great  and  useful  qualifications  which  you  certainly 
possess,  and  by  vvhich  you  once  acquired,  though  they 
could  not  preserve  to  you,  the  respect  and  esteem  of  your 
country.  I  should  enumerate  the  honours  you  have  lost, 
and  the  virtues  you  have  disgraced:  but  having  no  private 
resentments  to  gratify,  I  think  it  suHicient  to  have  -given 

;/  opinion  of  your  public  conduct,  leaving  the  punishment 

:  deserves  to  your  closet  and  to  yourself. 

Junius. 


LETTER  XIX. 


TO    THE    PRINTER     OF    THE    PUBLIC    ABVERTISKR. 

SiR^  August  14.  ir69. 

A  CORRESPONDENT  of  the  St.  James's  Evening 
Post  first  wilfully  misunderstands  Junius,  then  censures  him 
for  a  bad  reasoner.  Junius  does  not  say  that  it  was  in- 
cumbent ^upon  Dr.  Blackstone  to  foixjsee  and  state  the 
crimes  for  wnich  Mr.  Wilkes  was  expelled.  I,  by  a  spi- 
rit of  prophecvj  he  had  eyeu  done  so,  it  would  have  been 


7? 

nothing  to  the  purpose.  The .  question  is,  Not  for  what 
particular  ofiences  a  person  may  be  expelled,  but  i:  ene- 
rally  whether  by  the  law  of  parliament  expulsion  alone 
creates  a  disqualification  ?  If  the  ah.rmative  be  the  law 
of  parliament,  Doctor  iilackstone  might,  and  should  have 
toki  us  so.  The  question  is  not  opnfined  to  this  or  that 
particular  person,  but  forms  one  great  general  branch  of 
disqualification,  too  important  in  itself,  and  too  extensive 
in  its  consequences,  to  be  omitted  in  an  accurate  work, 
expressly  treating  of  the  law  of  parliament. 

The  truth  of  the  matter  is  evidently  tins: — Dr.  Black- 
stone,  while  he  was  speaking  in  the  House  of  Commons, 
never  once  thought  of  Jiis  Commentaries,  until  the  con- 
trddic  ion  was  unexpectedly  urged,  and  stared  him  in  the 
face.  Instead  of  defending  himself  upon  the  spot,  he  sunk 
under  the  charge  in  an  agony  of  confusion  and  despair* 
It  is  well  known  that  there  was  a  pause  of  some  minutes 
in  the  House,  from  a  general  expectation  that  the  Doctor 
would  say  something  in  his  own  deience  ;  but  it  seems 
his  faculties  were  too  much  overpowered  to  think  of  those 
su  tlet,ies  and  refinements  whicii  have  since  occurred  to 
him.  It  was  then  Mr.  Gren\4lle  received  the  severe  chas- 
tisement wl\ich  the  Doctor  mentions  with  so  much  tri- 
umph :  "  I  wish  the  honourai)le  gentleman,  instead  of 
*'  sliaking  his  head,  would  shake  a  good  argument  out. 
*'  of  it."  If  to  the  elegance,  novelty,  and  bitterness  of 
this  ingenious  sarcasm,  we  add  the  natural  melody  of  Sir 
1  ictcher  Norton's  pipe,  we  shall  not  be  surprised  that  Mr, 
Grenville  v/as  unable  to  make  him  any  reply. 

As  to  the  Doctor,  I  Wouid  recommend  it  to  him  to  be 
quiet.  If  not,  he  may  perhaps  hear  again  from  Junius 
himself. 

Phit-o  Juniu§, 

Porstscript  to  a  pamphlet  intituled,  '  An  Answer  to  the 
Question  Stated.'  Supposed  to  be  written  by  1 'r.  Black- 
stone,  Solicitor  to  the  Queen,  in  answer  to  Junius's  Letter. 

Since  these  papers  were  sent  to  the  press^  a 
wriur  in  the  public  papers,  who  subscribes  himself  Junius, 
has  made  a  feint  of  bringing  ttiis  question  to  a  short  issue,. 
Though  the  foregoiuc^  observations  contain,  in  ray  opinion 


80 

at  least,  a  full  refutation  of  all  that  this  writer  has  otferei!, 
I  s.v  ;  ,  ,  .vi\cr,  bcstov/  a  very  few  words  upon  ium.  It 
v/ill  c;.:,i  :v.  -  rr  little  trouoie  to  unravel  ana  e.\pose  the- 
sopi.i:^    'v  i^iuncnt. 

'  X  ta.vc  ihe  qUv:stion  ,says  he)  to  be  strictly  this:  Whe- 
'  ther  cr  no  it  be  the  knowii  estabiislied  law  of  parliament, 

*  that  the  expulsion  of  a  member  of  the  House  of  Com- 
'  mons   of  itself  creates  in    liini  such  an  incapacity  to  be 

*  re-eiected,  that,  at  a  subsecraent  election,  any  votes  giv- 
'  en  to  him  are  null  and  void  ;  ;r^'l  t:  ut  any  other  candi- 
^  date  who,  except  the  person  S  has  the  greatest 

*  number  of  votes,  ought  to  be  the  sildng  member? 
Waving  for  tlie  present  any  objection  1  may  have  to  this 

state  of  the  question,  I  shall  venture  to  meet  our  champion 
upon  his  own  ground,  and  attempt  to  support  the  affirma- 
tive of  it,  in  one  of  the  tv.'o  w^ays  by  w^iich  he  says  it 
can  be  alone    fairly    supported.     '  if  there  be  no  statute 

*  (says  he;  in  which  the  specific  disability  is  clearly  created, 
'   Sic.  (and  we  acknowledge  there  is  none,)  the  custom  of 

*  parliament   must  then  be   referred  to,    and   some  case, 

*  or  cases,  strictly  in  point,  must   be  produced,  wi^i   the 

*  oerision  of  the  court  upon  tliem.'  Now  I  assert,  that 
this  has  been  done.  Mr.  Walpole's  case  is  strictly  in 
point,  to  prove  that  expulsion  creates  absolute  incapacity 
of  being  re-elected.  This  was  the  clear  decision  of  the 
House  upon  it  ;  and  w'as  a  full  declaration,  that  incapacity 
was  t[:e  necessary  consequence  of  expulsion.  The  law 
was  as  clearly  and  Rrmly  fixed  by  this  resolution,  and  is 
as  binding  in  every  subsequent  case  of  expulsion,  as  if  it 
had  been  declared  by  an  express  statute,  '*  that  a  member 
<^  expelled  by  a  resolution  of  the  House  of  Commons  shall 
"  be  deemed  incapable  of  beini';  re-elected.'*  Whatever 
doubt  then  there  might  have  been  of  the  law  before  Mr.. 
Walpole's  case,  with  respect  to  the  full  operation  of  a  vote 
of  expulsion,  there  can  be  none  now.  The  decision  of 
the  House  upon  tlas  case  is  strictly  in  point  to  prove,  that 
expulsion  creates  absolute  incapacity  in  law  of  being  re- 
elected. 

But  incapacity  m  law,  in  this  instance,  must  have  the 
same  operation  and  effect  with  incapacity  in  law  fn  every 
other  instance.  Now,  incapacity  of  being  re-c^ltcted  im- 
plies in  its  very  terms,  that  any  votes  given  to  the  inca- 


8i 

pabie  person,  at  a  subsequent  election,  are  null  and  void- 
This  is  its  necessary  operation,  or  it  has  no  operation  at 
all :  It  is  -vox  ct  fircere-^^ca  nihil.  We  can  no  more  be  called 
upon  to  prove  this  proposition,  than  we  can  to  prove  that 
a  dead  man  is  not  alive,  or  that  twice  twia  are  four. 
When  the  terms  are  understood,  the  proposition  is  self- 
evident. 

Lastly,  It  is,  in  all  cases  ol  election,  the  known  and 
established  law  of  the  land,  grounded  upon  the  clearest 
principles  of  reason  and  common  sense,  that  if  the  votes 
given  to  one  candidate  are  null  and  void,  they  cannot  be 
Opposed  to  the  votes  given  to  anotlier  candidate.  They 
cannot  affect  the  votes  of  such  candidate  at  all.  As  they 
have  on  the  one  hand  no  positive  quality  to  add  or  esta- 
blish, so  they  have  oil  the  other  hand  no  negative  one  to 
subtract  or  destroy.  They  are,  in  a  word,  a  mere  nonen- 
tity. Such  was  the  determination  of  the  House  of  Com- 
mons in  the  Maiden  and  Bedford  elections  ;  cases  strictly 
in  point  to  the  present  question,  as  far  as  they  are  meant 
to  be  in  point.  And  to  say,  that  they  are  not  in  point  in 
all  circumstances,  in  those  particularly  which  are  indepen- 
dent of  the  proposition  which  they  are  quoted  to  prove,  is 
to  say  no  more  than  that  Maiden  is  not  Midlesex,  nor 
Serjeant  Comyns  Mr.  Wilkes. 

Let  us  see  then  how  our  proof  stands.  Expulsion 
creates  incapacity,  incapacity  annihilates  any  votes  given 
to  the  incapable  person  ;  the  votes  given  to  the  qualified 
candidate  stand  upon  their  own  bottom,  firm  and  un- 
touched, and  can  alone  have  effect.  This,  one  would 
think,  would  be  sufficient.  But  we  are  stopped  short,  and 
told  that  none  of  our  precedents  come  home  to  the  pre- 
sent case  ;  and  are  challenged  to  produce  "  a  precedent  in 
''  ail  the  proceedings  of  tlie  House  of  Commons  that  does 
'^  come  home  to  it,  viz.  v/here  an  expelled  member  has 
"  been    returned   again,   and    another  candidate,    v/ith   an 

en   declared  the  sitting 

leave  to  put  a  case; 

.  cisive  to  the  present 

(and  every  p?.rty  must 

z  future  election  take  it 

te  for  the  county 


•*  inferior 

nu 

mber 

of 

VGt( 

t^f 

has   b.( 

•'  m. ember 

,  '* 

Instead 

r 
Ol 

.  pre^ 

cedcnh 

I 

:,ich,    i 

fai 

\cy^    V 

'n'r\ 

b? 

■1  -• 

point.     S\ 

ip- 

:o;^^ 

hevcrel 

hnve  i^s  S 

■ACi 

iC 

,'t     SOIT^C 

82 

of  Middlesex.  He  is  opposed  by  a  candidate,  whose  coat 
is  of  a  different  colour  ;  but,  however,  of  a  very  good  co- 
lour. The  divine  has  an  indisputable  majority  ;  nay,  the 
poor  layman  is  absolutely  distanced.  The  sheriff,  after 
having  had  his  conscience  well  informed  by  the  reverend 
casuist,  returns  him,  as  he  supposes,  duly  elected.  The 
whole  House  is  in  an  uproar,  at  the  apprehension  of  so 
strange  an  appearance  amongst  them.  A  motion,  how- 
ever, is  at  length  made,  that  the  person  was  incapable  of 
being  elected,  that  his  election  therefore  is  null  and  void, 
and  that  his  competitor  ought  to  have  been  returned.  No, 
says  a  great  orator  ;  first  show  me  your  law  for  this  pro- 
ceeding. "  Either  produce  me  a  statute,  in  which  the 
"  specific  disability  of  a  clergyman  is  created  ;  or,  produce 
"  me  a  precedent  where  a  clergyman  has  been  returned, 
"  and  another  candidate,  with  an  inferior  number  of  votes 
"  has  been  declared  the  sitting  member. '  No  such  sta- 
tute, no  such  precedent  to  be  found.  What  answer  then 
is  to  be  given  to  this  demand  ?  The  very  same  answer 
which  I  will  give  to  that  of  Junius  :  That  there  is  no 
more  than  one  precedent  in  the  proceedings  of  the  House 
— '•  where  an  incapable  person  has  been  returned,  and 
*'  another  candidate,  with  an  inferior  number  of  votes, 
*'  has  been  declared  the  sitting  member  ;  and  that  this  is 
"  the  known  and  established  law,  in  all  cases  of  incapa- 
•*  city,  from  whatever  cause  it  may  arise." 

I  shall  now  therefore  beg  leeive  to  make  a  slight  amend- 
ment to  Junius's  state  of  the  question.;  the  affirmative  of 
v/hich  will  then  stand  thus  : 

"  It  is  the  knovvai  and  established  law  of  parliament, 
*>  that  the  expulsion  of  any  member  of  the  House  of  Com- 
"  mons  creates  in  him  an  in  -apacity  of  being  re-elected ; 
"  that  any  votes  given  to  him  at  a  subse  -uent  elec  ion, 
*'  are  in  consequenxe  of  such  incapacity,  null  and  void  ; 
"  and  that  any  other  candidate,  who  except  the  person 
"  rendered  incapai)ie,  has  the  greatest  number  of  votes, 
''  ouglit  to  be  the  sitting  men"jber." 

But  our  business  is  not  yet  quite  finished.  Mr.  WaU 
pole's  case  must  hare  a  rehearing.  '^  it  is  not  possi'le*^ 
(says  this  writer)*^  lo  conceive  a  case  more  exactly  in  point. 
^^  Mr.  Walpole  was  expelled;  and,  having  a  majority  of 
^'  votes   at  tlie  next   election,   v/as  returned  ap:ain.       The 


83 

r 

^^'  friends  of  Mr.  Taylor,  a  candidate  set  up  by  the  minis- 
"  try,  petilioned  the  House  that  he  migJu  be  the  sitting  ' 
*'  member.     Thus   far  the   circumstances    tally    exactly,    • 
"  except  that   our  House  of  Commons  saved  Mr.  Luttrell 
"  the  trouble  of  petitioning.     1  he  point  of  law,  however, 
*'  was  the  same.      It  came   regularly  before  the  House, 
"  and  it  was  their  business  to  determine  upon  it.     They  v 
"  did  determine  it ;  for  they  declared  Mr.  Taylor  not  duly 
«  elected." 

Instead  of  examining  the  justness  of  this  representation, 
I  shall  beg  leave  to  oppose  against  it  my  own  view  of  this 
case,  in  as  plain  a  manner,  and  as  few  words  as  I  am  able. 
It   was   the  known   and  established   law  of  parliament, 
when  the  charge  against  Mr.   Walpole  came  before  the 
House  of  Commons,  that  they  had  power  to  expel,  to  dis- 
able, and  to  render   incapable,  for  olTences.     In  virtue  of 
this   power,  they  expelled   him.     Had  they,  in  the  very 
vote  of  expulsion,  adjudged  him,  in  terms,  to  be  incapable 
of  being  re-elected,  there  must  have  been  at  once  an  end 
with  him.     But  though  the  right  of  the  House,  both  to  ex- 
pel- and  to  adjudge  incapable,  was  clear  and  indubitable,  it 
does  not  appear  to  me,  that  the  full  operation  and   effect 
of  a  vote  of  expulsion  singly  was  so.     The  law  in  this  case 
had  never  been  expressly  declared.     There  had  been  no 
event  to  call  up  such  a  declaration.     I  trouble  not  myself 
with  the  grammatical  meisning  of  the  word  expulsion.     I 
regard  only  its  legal  meaning.     This  was  not,  as  I  think, 
precisely  fixed.     The  House  thought  proper  to  fix  it,  and 
e:-plicitly  to  declare  the  full  consequences  of  their  former 
vote,   before  they  suffered  these  consequences  to  take  ef- 
fect.    And  in  this  proceeding  they  acted  upon  the  most 
liberal  and   solid   principles  of    equity,  justice,   and  law. 
What  then  did  the  burgesses  of  Lynn  collect  from  the  se- 
cond vote  ?      Their  subsequent  conduct   will  tell  us :    it 
will  with  certainty,  tell  us,  that  they  considered  it  as  deci- 
sive against  Mr.  Walpole  ;  it  will  also  with  certainty,  tell 
us,  jJiat  upon   supposition  that  the  law  of  election  stood 
theri^te  it  does  now,  and  that  they  knew  it  to  stand   thus, 
they  inferred,  *'  that  at  a  future  election,  and  in  case  of 
"  a  similar  return,  the  House  would  receive  the  same  can- 
"  didate,  as  duly  elected,  whom  they  had  before  rejected." 
They  could  infer  nothing  but  this. 


84 

It  is  needless  to  repeat  the  circumstance  of  dissimilarity 
in  the  present  case.  It  will  be  sufficient  to  observe,  that 
as  the  law  of  parliament,  upon  which  the  House  of  Com- 
mons grounded  every  step  of  their  proceedings,  was  clear 
beyond  the  reach  of  doubt,  so  neither  could  the  freehold- 
ers of  Middlesex  be  at  a  loss  to  foresee  what  must  be  the 
inevitable  consequence  of  their  proceedings  in  oppositioit 
to  it.  For  upon  every  return  of  Mr.  Wiikes,  the  House 
made  inquiry  whether  any  votes  were  given  to  any  other 
candidate. 

But  I  could  venture,  for  the  experiment's  sake,  even 
to  give  this  writer  the  utmost  he  asks  ;  to  allow  the  most 
perfect  similarity  throughout  in  these  two  cases  :  to  allow, 
ihat  the  law  of  expulsion  was  quite  as  clear  to  the  bur- 
gesses of  Lynn  as  to  the  freeholders  of  Middlesex.  It  will 
I  am  confident,  avail  his  cause  but  little.  It  v/ill  only 
prove,  that  the  law  of  election  at  that  time  was  different 
from  the  present  law.  It  will  prove,  that,  in  all  cases  of 
an  incapable  candidate  returned,  the  law  then  was,  that 
the  whole  election  should  be  void.  But  now  we  know 
that  this  is  not  law.  The  cases  of  Maiden  and  Bedford 
were,  as  has  been  seen,  determined  upon  other  and  more 
just  principles.  And  these  deterniinalions  are,  I  imagine, 
admitted  on  all  sides  to  be  law. 

I  would  willingly  draw  a  veil  over  the  remaining  part 
of  this  paper.  It  is  astonishing,  it  is  painful,  to  see  men 
of  parts  and  ability  giving  into  the  most  unworthy  arti- 
fices, and  descending  so  much  below  their  true  line  of 
character.  But  if  they  are  not  the  dupes  of  their  sophis- 
try (which  is  hardly  to  be  conceived),  let  them  consider 
that  they  are  something  much  worse. 

The  dearest  interests  of  this  country  are  its  laws  and  its 
constitution.  Against  every  attack  upon  these,  there  will, 
I  hope,  be  always  found  amongst  us  the  firmest  spirit  of 
resistance,  superior  to  the  united  efforts  of  faction  and 
ambition.  For  ambition,  though  it  does  not  always  take 
the  lead  of  faction,  will  be  sure  in  the  end  to  mak^  the 
most  fatal  advantage  of  it,  and  draw  it  to  its  o^appur- 
pose.  But,  I  trust,  our  day  of  trial  is  yet  far  off;  and 
there  is  a  fund  of  good  sense  in  this  country,  which  can- 
not long  be  deceived  by  the  arts  either  of  false  reasoning 
or  false  patriotism. 


S5 

LETTER  XX. 

TO    THE    PRINTER    OF    THE    PUBLIC    ADVERTISmi. 

SIR,  Aug.. 8.  1769. 

The  gentleman  who  has  published  an  answer  to 
Sir  William  Meredith's  pamphlet,  having  honoured"  nie 
with  a  postscript  of  six  quarto  pages,  which  he  modestly 
calls  bestowing  a  very  few  words  upon  me,  I  cmnot,  in 
common  politeness,  refuse  him  a  reply.  The  form  and 
magnitude  of  a  quarto  imposes  upon  the  mind  ;  and  men 
who  are  unequal  to  the  labour  of  discussing  an  intricate 
argument,  or  wish  to  avoid  it,  are  v/illing  enough  to  sup- 
pose, that  much  has  been  proved,  because  much  has  been 
said.  Mine,  I  confess,  arc  humble  labours.  I  do  not 
presume  to  instruct  the  learned,  but  simply  to  inform  the 
body  of  the  people  ;  and  I  prefer  that  channel  of  convey- 
ance which  is  likely  to  spread  farthest  among  them.  The 
advocates  of  the  ministry  seem  to  me  to  write  for  fame-y 
and  to  flatter  themselves,  that  the  size  of  their  works  will 
make  them  immortal.  They  pile  up  reluctant  quarto  up- 
on solid  folio,  as  if  their  labours,  becau-se  they  are  gigan- 
tic, could  contend  v/ith  truth  and  heaven. 

'ilie  writer  of  the  volume  in  question  meets  me  upon 
my  own  ground.  He  acknowledges  there  is  no  statute  by 
which  the  specific  disability  we  speak  of  is  created :  but 
he  afRrms,  that  the  custom  of  parliament  has  been  refer- 
red to  ;  and  that  a  case  strictly  in  point  has  been  produced, 

with  the  decission  of  the  court  upon  it. 1   thank  him 

for  coming  so  fairly  to  the  point.  He  asserts,  that  the  case 
of  Mr.  Walpole  is  strictly  in  point,  to  prove  that  expulsion 
creates  an  absolute  incapacity  of  being  re-elected  ;  and  for 
this  purpose  he  refers  generally  to  the  first  vote  of  the 
House  upon  that  occasion,  without  venturing  to  recitet  he 
vote  itself.  The  unfair,  disingenuous  artifice  of  adopting 
that  part  of  a  precedent  w^hich  seems  to  suit  his  purpose, 
andjamitting  the  remainder,  deserves  some  pity,  but  can- 
not Wcite  my  resentment.  He  takes  advantage  eagerly  of 
the  first  resolution,  by  which  Mr.  W^alpole's  incapacity  is 
declared  ;  but  as  to  the  two  following,  by  which  the  can- 
didate with  the  fewest  votes  was  declared  "  not  duly 
"  elected,"  and  the  election  itself  vacated,   I  dare  say  be 

y 


86 

'I  be  weii  satisfied  if  they  were  for  ever  blotted  out  of 
tne  journals  of  the  House  of  Commons.  In  fair  argu- 
ment, no  part  of  a  precedent  should  be  admitted,  unfess 
the  whole  of  it  be  given  to  us  together.  The  author  has 
divided  his  precedent ;  for  he  knew,  that,  taken  together, 
it  produced  a  consequence  directly  the  reverse  of  that 
which  he  endeavotirs  to  draw  from  a  vote  of  expulsion. 
But  what  will  this  honest  person  say,  if  I  take  him  at  his 
word,  and  demonstrate  to  him,  that  the  House  of  Com- 
mons never  meant  to  found  Mr.  Walpole's  incapacity  up- 
on his  expulsion  only  ?  What  subterfuge  will  then  re- 
main ? 

Let  it  be  remembered  that  we  are  speaking  of  the  in- 
tention of  men  who  lived  more   than  half  a  century  ago, 
and  that  such  intention  can  only  be  collected  from  their 
words  and  actions  as  they  are   delivered  to  us   upon  re- 
cord.    To  prove  their  designs  by   a   supposition  of  what 
they  would  have  done,  opposed  to  what  they  actually  did, 
is  mere  trifling  and  impertinence.  The  vote,  by  which  Mr. 
-.Valpole's  incapacity   v\^as    declared,  ~  is  thus   expressed: 
'  That   Eobert    Walpole,    Esq.  having  been  this   session 
•  of  parliament  committed  a  prisoner  to  the  Tovv^er,  and  ex- 
pelled this  House  for  a  breach  of  trust  in  the  execution 
'^  of  his  office,  and  notorious  corruption   when   Secretary 
^'  at  ¥/ar,  w^as  and  is  incapable   of  being   elected  a  mem- 
'•»  ber  to  serve  in  this   present  parliament  ^.''      Now,   Sir, 
•J  ray  understanding,  no  proposition  of  this  kind   can  he 
inore   evident,  than  that  tlie  House  of  Commons,  by  this 
very  vote,  themselves   understood,   and  meant   to  declare, 
that  Mr.   Walpole's  incapacity  arose  from  the  crimes  he 
had   ccmitted,  not  from    tiie  punish.ment  the   House    an- 
nexed to  them.     Hvj  high  breach  of  trust,  the  notorious 
corruption,  are  stated  in  the  strongest  terms.    They  do  not 
tell  us  that  he  was  incapable  because  he  was  exp^led,  but 
because  he  had  been  guilty  of  such  ofTences  as  justly  ren- 
dered him  unworthy  of  a  seat  in  parliament.     If  they  had 
intended  to  fix  the  disability  upon  his  expulsio]i  alon^   the 
mention  of  iris  crimes  in   the  same  vote  would  hav6  been 
iiighly  improper.     It  could  only  perplex  the  minds  of  the 
i  lectors,   who,  if  they  collected  any  thing  from  so  confu- 
sed a  dec"-:  •     '   ;    of  the  lav/  of  parliament,  m.ust  have  con- 
cluded tl:  '   representative    had  been  declared  inca- 


S7 

pable,  because  he  \va*D  hig'hly  guilty,   not  because  " 
been  piniished.     But  even  admitting  them  to  have  unac: 
stood  it  in  the  other  sense,   they  must  then,  from  the  vei*; 
terms  of  the  vote,  have  united  the  idea  of  his  being  sent  to 
the  Tower  Avith  that  of  his  expulsion,  and  considered  his 
incapacity  as  the  joint  effect  of  both  *-. 

I  do  not  mean  to  give  an  opinion  upon  the  justice  of 
the  proceedings  of  the  House  of  Commons  v/ith  regard  to 
Mr.  Walpole  ;  but  certainly,  if  I  admitted  their  censure 
to  be  well  founded,  I  could  noway  avoid  ng  re  eing  with 
them  in  the  consequence  they  drew^  from  it,  I  could 
never  have  a  doubt  in  law  or  reason,  that  a  man  convict 
ed  of  a  high  breach  of  trust,  and  of  a  notorious  corrup- 
tion, in  the  execution  of  a  public  office,  was  and  ought 
to  be  incapable  of  sitting  in  the  same  parliament.  Far 
from  attempting  to  invalidate  that  vote,  I  should  havv. 
wished  that  the  incapacity  declared  by  it  could  iegallv 
have  been  continued  for  ever. 

Now,  Sir,  observe  how  forcibly  tb.e  argument  returns. 
The  House  of  Commons,  upon  the  face  of  their  proceed- 
ings, had  the  strongest  motives  to  declare  Mr.  Walpole 
incapable  of  being  re-elected.  They  thought  such  a  man 
unworthy  to  sit  among  them.  To  that  point  they  pro- 
ceeded, and  no  farther ;  for  they  respected  the  rights  of 
the  people,  while  they  asserted  their  own.  They  did  not 
infer,  from  Mr.  Walpole's  incapacity,  that  his  opponent 
was  duly  elected ;  on  the  contrary,  they  declared  Mr. 
Taylor  "  not  duly  elected,"  and  the  election  itselt  void. 

Such,  however,  is  the  precedent  which  my  hones*: 
friend  assures  us  is  strictly  in  point  to  prove,  that  expul- 
sion of  itself  creates  an  incapacity  of  being  elected.  li* 
it  had  been  so,  the  present  House  of  Commons  should  vx 
least  have  followed  strictly  the  example  before  them,  an^.i 
should  have  stated  to  us  in  the  same  vote  the  cii^pts  ^'^  ^^ 
which  they  expelled  Mr.  Wilkes ;  whereas  thev 
simply,  that,"  having  been  expelled,  lie  was,  and  y^  ii 
"  capable."  In  this  proceeding,  I  am  authorized  to  afan.., 
they  have  neither  statute,  nor  custom,  nor  reason,  nor 
one  single  precedent  to  support  them.  On  the  other  sidi- 
there  i  indeed  a  precedent  so  strongly  in  point,  that  aii 
the  enchanted  castles  of  ministerial  magic  fall  before  it. 
In  the  year  1698  (a  period   which  iho  rankest  Tory  C,-?''^ 


88 

not  except  'against),  Mr.  Wollaston  was  expelled,  re- 
elected, and  admitted  to  take  his  seat  in  the  same  par- 
liament. The  ministry  have  precluded  themselves  from 
all  objections  drawn  from  the  Cause  of  his  expulsion  ;  for 
thev  alarm  absolutely,  that  expulsion  of  itself  creates  the 
disability.  Now,  Sir,  Let  sophistry  evade,  let  falsehood 
assert,  and  impudence  deny — here  stands  the  precedent, 
a  land-mark  to  direct  us  through  a  troubled  sea  of  con- 
troversy, conspicuous  and  unremoved. 

I  have  dwelt  the  longer  upon  the  discussion  of  this  point, 

^'Cau^e  in  m.y  opinion,  it  comprehends  the  whole  ques- 

ii.     The  rest  is  unworthy  of  notice.     We  are  inquiring 

aether  incapacity  be  or  be  not  created  by  expulsion.     In 

T.he  cases  of  Bedford  and   Maiden^  the  incapacity  of  the 

n  -rsons   returned   was  matter  of  public   notoriety,    for  it 

;is  created  by  act  of  parliament.      But  really,  Sir,  my 

.ionest  friend's  suppositions  are  as  unfavourable  to  him  as 

liis  facts.     He   well  knov/s  that  the  clergy,   besides  that 

they  are   represented  in   common  v/ith   their   fellow-sub 

jects,  have  also  a  separate  parliament  of  their  own : 

that  their  incapacity  to  sit  in  the  House  of  Commons  has 
been  confirmed  by  repeated  decisions  of  the  House  ;  and 
that  the  law  of  parliament  declared  by  those  decisions, 
has  been  for  about  two  centuries  notorious  and  undisput- 
ed. The  author  is  certainly  at  liberty  to  fancy  cases,  and 
make  whatever  comparisons  he  thinks  proper ;  his  sub- 
positions  still  continue  as  distant  from  fact  as  his  wild 
discourses  are  from  solid  argument. 

The  conclusion  of  his  book  is  candid  to  an  extreme.  He 
offers  to  grant  me  all  I  desire.  He  thinks  he  may  safely 
admit  that  the  case  of  Mr.  Walpole  makes  directly  against 
him,  for  it  seems  he  has  one  grand  solution  injietto  for 
all  difiiculties.  ''  If,''  says  he,  ''  I  were  to  allow  all  this, 
"  it  will  only  prove,  that  the  law  of  election  was  diiTer- 
"  ent  in  Queen  Anne's  time  from  what  it  is  at  present.'* 
This  indeed  is  more  than  I  expected.  The  principle, 
I  know,  has  been  maintained  in  fact;  but  I  never  ex- 
pected to  see  it  so  formally  declared.  What  can  he 
mean?  Does  he  assume  this  language  to  satisfy  the  doubts 
of  the  people?  or  does  he  mean  to  rouse  their  indigra- 
tion?  Are  the  ministry  daring  enough  to  a.lirm,  that  the 
House  of  Commo-ns  have  a  rii^ht  to  make  and  unmake  the 


law  of  parliament  at  their  pleasure  t — Does  the  law  of 
parliament,  which  we  are  so  often  told  is  the  law  of  the 
land  ; — does  the  common  right  of  every  subject  of  the- 
realm,  depend  upon  an  arbitrary  capricious  vote  of  one- 
branch  of  the  legislature?  The  voice  of  truth  and  reason 
must  be  silent. 

The  ministry  tell  us  plainly,  that  this  is  no  longer  a 
question  of  right,  but  of  power  and  force  alone.  \Vhat 
was  law  yesterday  is  not  law  to-day  :  and  now  it  seem? 
we  have  no  better  rule  to  live  by,  than  the  temporary 
discretion  and  fluctuating  integrity  of  the  House  of  Com- 
mons. 

Professions  of  patriotism  are  become  stale  and  ridicu- 
lous. For  my  own  part,  I  claim  no  merit  from  endea- 
vouring to  do  a  service  to  my  fellow-subjects.  I  have 
done  it  to  the  best  of  my  understanding;  and  without 
looking  for  the  approbation  of  other  men,  my  conscience 
is  satisfied.  What  remains  to  be  done  concerns  the  col- 
lective body  of  the  people.  They  are  now  to  determine  ,. 
for  themselves,  whether  they  will  firmly  and  constisution- 
ally  assert  their  rights:  or  make  an  humble,  slavish  sur- 
render of  them  at  the  feet  of  the  ministry.  To  a  gene-  . 
rous  mind,  there  cannot  be  a  doubt.  We  owe  it  to  our 
ancestors,  to  preserve  entire  those  rights  which  they  have 
delivered  to  our  care  :  we  owe  it  to  our  posterity,  not  to 
suffer  their  dearest  inheritance  to  be  destroyed.  But  if  it 
were  possible  for  us  to  be  insensible  of  these  sacred  claims, 
there  is  yet  an  obligation  binding  upon  ourselvesy  from 
which  nothing  can  acquit  us ; — a  personal  interest,  which 
we  cannot  surrender.  To  alienate  even  our  own  rights, 
would  be  a  crime  as  much  more  enormous  than  suicide, 
as  a  life  of  civil  security  and  freedom  is  superior  to  a  bare 
existence  ;  and  if  life  be  the  bounty  of  heaven,  we  scorn- 
fully reject  t!  e  noblest  part  of  the  gift,  if  we  consent  to 
surrender  that  certain  rule  of  living,  v/ithout  which  the 
condition  of  human  nature  is  not  only  miserable,  but  con- 
temptible. 

Junius. 


90 
LETTER  XXI. 

TO    TKi:     PRINTER    OF   THE    PUBLIC   ADV£,RTISER, 

SIR,  Aug.  22.  1769. 

I  MUST  beg  of  you  to  print  a  fe^v  lines,  in  ex- 
planation of  some  passages  in  my  last  letter,  which  I  see 
have  been  misunderstood. 

1.  When  I  said,  that  the  House  of  Commons  never 
meant  to  found  Mr.  Walpole's  incapacity  on  his  expui- 
sioii  only,  I  meant  no  more  than  to  deny  the  general  pro- 
position, that  expulsion  alcne  creates  the  incapacity.  If 
there  be  any  thing  ambiguous  in  the  expression,  I  beg 
leave  to  explain  it  by  saying,  that,  in  my  opinion,  expulsion 
neither  creates,  nor  in  any  part  contributes  to  create  the 
incapacity  in  question. 

2.  I  carefully  avoided  entering  into  the  merits  of  Mr. 
Walpoie^s  case.       1   did  not  inquire,  whether  the  House 

%  of  Commons  acted  justly,  or  whether  they  truly  declared 
the  law  of  parliament.  My  remarks  went  only  to  their 
apparent  meaning  and  intention,  as  it  stands  declared  in 
thdr  own  resolution. 

3.  I  never  meant  to  affirm,  that  a  commitment  to  the 
Tower  created  a  disqualification.  On  the  contrary,  I  con- 
sidered that  idea  ?»  an  absurdity^  into  which  the  ministry 
'must  inevitably  fulj,  if  they  reasoned  right  upon  their  ov/n 
principles. 

The  case  of  Mr.  Wollaston  speaks  lor  itself.  The  mi- 
liistry  assert  that  expulsion  alone  creates  an  absolute  com- 
plete incapacity  to  be  re-elected  to  sit  in  the  same  parlia- 
ment. This  proposition  they  have  uniformly  maintained, 
without  any  condition  or  modification  whatsoever-.  Mr. 
Wollastoii  was  expelled,  re-elected,  and  admitted  to  take 
his  seat  in  the  same  parliament.— I  leave  it  to  the  public 
to  determine,  whether  this  be  a  plain  matter  of  fiict,  or 
:t.  n senile  or  declamation. 


LETTER  XXII. 

TO    THE    PRINTER    OF    THE    PUBLIC    ADVERTISER. 

Sir,  Sept.  4.  176^. 

Argu.-vii  NT  against  Fact  ;  or,  A  new  system  of  political 
Logic,  by  which  the  minist  y  have  demonstrated  to  the 
satisfaction  of  their  friends,  that  expulsion  alone  creates 
a  complete  incapacity  to  be  re-elected;  aHas^  that  a 
subject  of  this  realm  may^  be  robbed  of  his  commoii 
right  by  a  vote  of  the  House  of  Commons. 

FIRST    FACT. 

Mr.  Wollaston,  in  1698,  was  expelled,  re-elected,  aiwi 
admitted  to  take  his  seat. 

ARGUMENT. 

As  this  cannot  conveniently  be  reconciled  with  our  ge- 
neral proposition,  it  may  be  necessary  to  shift  our  ground^ 
and  look  back  to  the  cause  of  Mr.  \'>  ollaston's  expulsion. 
From  thence  it  will  appear  clearly,  that,  "  although  he 
^}  was  expelled,  he  had  not  rendered  himself  a  culprit 
*Moo  ignominious  to  sit  in  parliament;  and  that 'having 
''  resigned  his  employment,  he  was  no  longer  incapacitated 
*'  by  law."  Vide  Seriju^s  Conndtraiions:^  page  23.  Or 
tluKs,  "  The  House,  somewhat  innaccurately,  used  the 
^Mvord  p-xpki.led;  they  should  have  called  it  A  mq- 
"  Tio.v.'^  Vide  Mung(/s  Ca^n  cQi-idendj  page  1 1.  Or  in 
short,  if  these  arguments  should  be  thought  insufficient} 
we  may  fairly  deny  the  fact.  For  example  :  "  I  affirm  that 
"  he  was  not  re-elected.  The  same  Mr.  Wollaston,  who 
"  was  expelled,  w^as  not  again  elected.  The  same  indi! 
^'  vidual,  if  you  please,  walked  into  the  house,  and  took 
"  his  seat  there;  but  the  same  person  in  law  was  not  ad- 
"  mitted  a  member  of  tli  tt  parliament,  from  which  he 
'^  had  been  discarded.''      Vi.i     /     '  r  to  Ju..uie^  page  12,. 

SECO^'li    i  ACT, 

iSIr.  Walpolc  having  been  committed  to  the  Towef, 
and  expelled  for  ^.  h.\^\\  hwizh  of  trust,  and  notorious  cor- 
rupd'ja   a  •  :';ired  incapable,  ^o. 


Argument. 

From  the  terms  of  this  vote,  nothing  can  be  more  ev 
dent,  than  that  the  House  of  Commons  meant  to  fix  the 
incapacity  upon  the  punishment,  an'  not  upon  the  crime  ; 
but  lest  it  should  appear  in  a  different  ligiit  to  weak,  un- 
informed persons,  it  may  be  advisable  to  gut  the  resolu«i 
tion,  and  give  it  to  the  public,  with  all  possible  solemnity, 
in  the  following  terms:  viz.  "  Resolved,  that  Robert 
*•  Walpole*  Esq.  having  been  that  session  of  parliament 
*^  expelled  the  House,  was  and  is  incapable  of  being 
*'  elected  member  to  serve  in  that  present  parliament." 
Vide  Mung    on  tiie  use   0/  Qvotalions^  P^g^  1 1? 

N.  B.  The  autlior  of  the  answer  to  Sir  William  Me- 
redith seems  to  have  made  use  of  Mungo's  quotation  j 
for  in  page  18,  he  assures  us,  "  That  the  declaratory 
"vote  of  the  17th  of  February,  1769,  was,  indeed,  a  lite- ' 
"  ral  copy  of  the  resolution  of  the  House  in  Mr,  Wal- 
^^  pole  s  case." 

THIRD    FACT. 

His  opponent,  Mr.  Taylor,  having  the  smallest  number 
of  votes  at  the  next   election,  was   declared  not    duly 

ELtCTKD, 

ARGUMENT. 

This  fact  we  consider  as  directly  in  point  to  prove  that 
Mr.  Luttrell  ought  to  be  the  sitting  member,  for  the  fol 
lowing  reasons  :  "  The  burgesses  of  Lynn  could  draw 
"  no  other  inferenoe  from  this,  resolution  but  this  that  at 
"  a  future  elecUon,  and  in  case  of  s  similar  return,  the 
^-  House  would  receive  the  same  candidate  as  duly  elect- 
"  ed,  whom  they  had  before  rejected."  Vide  Po^tcri^it 
'^  fo  ■hLniitSj  page  37.  Or  thus:  "  This  their  resolution 
"  leaves  no  room  to  doubt  what  part  they  would  have 
"  taken,  if,  upon  a  subsequent  re-election  of  Mr.  Wal-^ 
''  pole,  there  had  been  any  other  candidate  in  competi 
"  tion  with  him.  For,  by  their  vote,  they  could  have 
<"  no  other  intention  than  to  admit  such  other  candidate/' 
Vide  Mu7is;o\^  Casj  ^on^d^-rcd^  p.  o9  Or,  take  it  iii  this 
light  -.—The  burgesses  of  i.ynn  having,  in  defiarxe  of  the 
House,    retorted  upon  them   a  person,   v/hom  they  ' 


93 

branded  with  the  most  ignominious  marks  of  their  ftis- 
pleasure,  were  thereby  so  well  entitled  to  favour  and  in- 
dulgence, that  the  House  could  do  no  less  than  rob  Mr. 
f  Taylor  of  a  right  legally  vested  in  him,  in  order  that  tha 
; burgesses  might  be  apprised  of  the  law  of  parliament; 
which  law  the  House  took  a  very  direct  way  of  explaining 
to  them^)  by  resolving  that  the  candidate  with  the  fewest 
votes  v/as  not  duly  elected : — "  x\nd  was  not  this  much 
^*  more  equitable,  more  in  the  spirit  of  that  equal  and 
*'  substantial  justice,  which  is  the  end  of  all  law,  than 
**  if  they  had  violently  adhered  to  the  strict  maxims  of 
^^  law  r"  Vide  Serious  Considerations^  p.  33  and  34.  "  And 
"  if  the  present  House  of  Commons  had  chosen  to  follow 
*'  the  spirit  of  this  resolution,  they  would  have  received 
''  and  established  the  candidate  with  the  fewest  votes.'"* 
Vide  Answer  to  Sir  W.  iVf.  p.  18. 

Permit  me  now.  Sir,  to  show  you,  that  the  worthy  Dr. 
Blackstone  sometimes  contradicts  the  ministry  as  well  as 
himself.  Tiie  Speech  v/ithout  Doors  asserts,  p.  9. 
"  That  the  legal  effect  of  an  incapacity,  founded  on  a 
*'  judicial  detCTmination  of  a  complete  court,  is  precisely 
"  the  same  as  that  of  an  incapacity  created  by  an  act  of  par- 
"  liament."  Now  for  the  Doctor. — "  The  law  and  the 
"  opinion  of  the  judge  are  not  always  convertible  terms, 
"  or  one  and  the  same  thing  ;  since  it  sometimes  may 
"  happen  that  the  judge  may  mistake  the  law."  Commen- 
taries^ Vol.  I.  p.  7  1. 

The  Answer  to  Sir  W.  M.  asserts,  p.  23.  "  That  the 
"  returning  officer  is  not  a  judicial,  but  a  purely  mini- 
"  sterial  officer.  His  return  is  no  judicial  act." — At  'em 
again.  Doctor,  "  The  sheriff,  in  his  judicial  capacity,  is 
"  to  hear  and  determine  causes  of  forty  shillings  value 
''  and  under  in  his  county  court.  He  has  also  a  judicial 
"  power  in  divers  other  civil  cases.  He  is  likewise  to 
''  decide  the  elections^ of  Knights  of  the  shire  (subject  to 
''  the  controul  of  the  House  of  Commons,)  to  judge  of 
"  the  qualification  of  voters,  and  to  return  such  as  he 
'^  shall  deter:,iine  to  be  duly  elected."  Vide  Commcntar 
ries^  Vol.  1.  page  332. 

What  conclusion  shall  we  draw  from  such  facts,  and 
such  arguments,  such  contradictions  I  I  cannot  express 
my  opinion  of  the  present  ministry  more  exactly  than  in 


'94 


the  words  of  Sir  Richard  Steele  :  *^  That  v/e  are  govem- 
"  ed  by  a  set  of  drivellers,  whose  folly  takes  away  all 
*^  dignity  from  distress?  and  makes  even  calamity  ridicu- 
*<  lous/' 

PlIILO    JUNIU^. 


LETTER  XXIIL 

TO  HIS  GRACE  THE  DUKE  OF  BEDFORD. 

xMY  LORD,   ^  Sept.  19. 1759L, 

You  are  so  little  accustomed  to  receive  any 
marks  of  respect  or  esteem  from  the  public,  that  if,  in 
the  following  lines,  a  compliment  or  expression  of  applause 
should  escape  me,  I  fear  you  would  consider  it  as  a  mock- 
ery of  your  established  character,  and  perhaps  an  insult 
to  your  understanding.  You  have  nice  feelings,  my 
Lord,  if  we  may  judge  from  your  resentments.  Cauti- 
ous therefore,  of  giving  offence,  where  you  have  so  little 
deserved  it,  I  shall  leave  the  illustration  of  your  virtues  to 
other  hands.  Your  friends  have  a  privilege  to  play  upon 
the  easiness  of  your  temper,  ov  possibly  they  are  better 
acquainted  with  your  good  qualities  than  I  am.  You 
have  done  good  by  stealth.  The  rest  is  upon  record.  You 
have  still  left  ample  room  for  speculation,  when  panegyric 
is  exhausted. 

You  are  indeed  a  very  considerable  man.  The  highest 
rank ; — a  splendid  fortune ; — and  a  name,  glorious  till  it 
v/as  yours,— were  sufficient  to  have  supported  you  with 
meaner  abilities  than  I  think  you  possess.  From  the  first, 
you  derive  a  constitutional  claim  to  respect ;  from  the  se- 
cond a  natural  extensive  authority ; — the  last  created  a 
partial  expectation  of  hereditary  virtues.  The  use  you  have 
made  of  these  uncommon  advantages,  might  have  been 
more  honourable  to  yourself,  but  couM  not  have  been  more 
instructive  to  m~2^Dkind.  We  may  trace  it  in  the  venera* 
tion  of  your  country,  the  choice  of  your  friends,  and  in 
the  accomplishm.ent  of  every  sanguine  hope  which  the 
public  might  have  conceived  from  the  illustrious  name  of 
Russel. 

The  eminence  of  your  station  gave  you  a  commanding 
prospect  of  your  duty.     The  road  which  led  to  honour, 


t'as  open  to  your  view.     You  could  not  lose  it  by  mistake^ 
nd  you  had  no  temptation  to  depart  from  it  by.  design. 
Compare  the  natural  dignity  and  importance  of  the  richest 
)eer    of    England; — the   noble    independence    which    he 
night  have  maintained  in  parliament,  and  the  real  inte- 
•est  and  respect  which  he  might  have  acquired,   not  only 
n  parliament,  but  through  the  whole  kingdom: — com- 
)are  these  glorious  distinctions  with  the  ambition  of  hokl- 
ng  a  share  in   government,  the  emoluments  of  a  place, 
he  sale  of  a  borough,  or  the  purchase  of  a  corporation ; 
md  though  you  may  not  regret  the  virtues  which  create 
^espect,  you  may  see   with  anguish  how  much  real  im* 
"jortance  and  authority  you  have  lost.      Consider  the  cha- 
racter of  an  independent  virtuous  Duke  of  Bedford  ;  ima- 
;^ine  what  he  might  be  in  this  country,  then  reflect  one 
moment  upon  what  you  are.     If  it  be  possible  for  me  to 
vvithdraw  my  attention  from  the  fact,    I  will  tell  you  in 
Lhe  theory  what  such  a  man  might  be. 

Conscious  of  hh  ov/n  weight  and  importance,  his  con- 
duct in  parliament  would  be  directed  by  nothing  but  the 
constitutional  duty  of  a  peer.      He  would  consider  him- 
self as  a  guardian  of  the  laws.      Willing  to  support  the 
just  measures  of  government,   but  determined  to  observe 
the  conduct  of  the  minister  with  suspicion,  he  would  op- 
pose the  violence  of  faction  with  as  much  firmness  as  the 
encroachments  of  prerogative.      He  would  be  as  little  ca- 
pable of  bargaining  with  the   minister  for  places  for  him- 
self or   his  dependents,  as  of  descending  to  mix  himself 
in  the  intrigues  of  opposition.      Whenever  an  important 
(}uestion  called   for  his  opinion  in  parliament,  he  would 
be   heard  by  the  most  profligate  minister  with  deference 
and  respect.      His  authority  would   either  sanctify  or  dis- 
grace the   measures  of  government. — The  people  v/ould 
Icok  up  to  him  as  their  protector  ;  and  a  virtuous  prince 
.'(Hikl  have  one   honest  man  in  his  dominions,  in  whose 
integrity  and  judgment  he  might   safely   coniide.      If  it 
should  be  the  will  of  Providence  to  atllict  him  with  a  do- 
mestic misfortune  d,  he  would   submit  to  the  stroke  with 
feeling,   but  not  without  dignity.     He  would  con<-:ider  tlic 
people  as   liis   cldldren,  and   receive  a  generous  heart-felt 
consoialion  in  the  sympathising  tears  and  blessings  of  Lis 
cotintry. 


96 

Your  Grace  may  probably  discover  something  more  in- 
telligible in  ihe  negative  part  of  this  illustrious  character. 
The  man  I  have   described   would   never  prostitute    his 
dignity  in  parliament  by  an  indecent  violence,   either  in 
opposing  or  defending  a  minister.     He  would  not  at  one 
moiTiient  rancorously  persecute,  at  another  basely   cringe 
to  the  favourite  of  his  Sovereign.       After  outraging  the 
royal  dignity  with  peremptory  conditions,  little  short  of 
menace  and  hostility,  he  would  never  descend  to  the  hu- 
mility of  soliciting  an  interview  ^  with  the  favourite,  and 
of  offering  to    recover    at  any   price  the  honour  of    his 
friendship.      Though  deceived  perhaps  in  his  youth,  he 
would  not,   through  the  course  of  a   long  life,    have  in- 
variably chosen  his  friends  from  among  the  most  profligate 
of  mankind.      His    own    honour    would    have  forbidden 
him  from  mixhig  his  private  pleasures  or  conversation  with 
jockeys,  gamesters,  blasphemers,   gladiators  or  buffoons. 
He  would  then  have  never  felt,  much  less  would   he  have 
riubraitted  to  the   dishonest  necessity   of  engaging  in   the 
interests  and  intrigues  of   his  dependents;    of  supplying 
their  vices,   or  relieving  their  beggary  at  the   expence  of 
his  country.     He  would  not  have  betrayed  such  ignorance, 
or  such  contempt  of  the  constitution,  as  openly  to  avow,  ^ 
In  a  court  of  a  justice,  the  ^  purchase  and   sale  of  a  bo- 
rough.    He  would  not  have  thought  it  consistent  with  his 
rank  in.  the  state,  or  even  with  his  personal  importance, 
lobe  the  little  tyrant  of  a  little  corporation,  f^     He  would 
never  have  been  insulted  with  virtues  which  he  had  la-  j 
boured  to  extinguish  ;  nor  suffered  the  disgrace  of  a  mor-  - 
lifying  defeat,  which  has  made   him  ridiculous  and   con- 
temptible, even  to  the  few  by  whom   he  was  not  detested. 
.—I  reverence  the  afflictions  of  a  good  man  ; — his  sorrows 
are  sacred.     But  hov/  can  we  take  part  in  the  distresses  of 
a  man  whom  we  can  neither  love  nor  esteem  ;  or  feel  for  ■ 
a  calamity   of  vvhich   he   himself  is  insensible  ?     Where  , 
*  was  the   father's  heart,  when   he  could  look  for,  or   find  ■ 
an  i. 11  mediate  consolation  for  the  loss  of  an  only  son,  in 
consultations  and  bargains  for  a  place  at  court,  and  even  in 
the  mi:v:ry  of  ballotting  at  the  India  House! 

Admitting  then  that  you  have  mistaken  or  deserted  those 
honourable  principles  which  ought  to  have  directed  your 
conduct  ;  admitting  that  you  have  as  little  c«-aim  to  pri- 


97 

Vcite  aflection  as  to  public  esteem  ;  let  us  see  with  what 
abilities,  with  what  degree  of  judgment,  you  have  carried 
your  own  system  into  execution.  A  gveat  man,  in  the 
success,  and  even  in  the  magnitude  of  his  crimes,  f.nds 
a  rescue  from  contempt.  Your  Grace  is  every  'vvay  un- 
fortunate. Yet  I  will  not  look  back  to  those  ridiculous 
scenes  by  wiiich  in  your  earlier  days  you  thought  it  an 
honour  to  be  distinguished^; — the  recorded  stripes,  the 
public  infamy,  your  own  sufterings,  or  Mr  Rigby's  forti- 
tude. These  events  undoubtedly  left  an  impression, 
.  though  not  upon  your  mind.  To  such  a  mind  it  may, 
perhaps,  be  a  pleasure  to  reflect,  that  there  is  hardly  a  corner 
of  any  of  his  Majesty's  kingdoms,  except  France,  in  which, 
at  one  time  or  other,  your  valuable  life  has  not  been  in  dan- 
ger. Amiable  man  1  we  see  and  acknowledge  the  protection 
of  Providence,  by  which  you  have  so  often  escaped  the  per- 
sonal detestation  of  your  fellow-subjects,  and  are  still  reserved 
for  the  public  justice  of  your  country. 

Your  history  begins  to  be  important  at  that  auspicious 
period,  at  v.'hich  you  were  deputed  to  represent  the  Earl  of 
Bute  at  the  court  of  Versailles.  It  was  an  honourable  office, 
I  and  executed  with  the  same  spirit  with  which  it  was  accepted. 
Your  patrons  wanted  an  ambassador  who  would  submit  to 
make  concessions,  without  daring  to  insist  upon  any  ho- 
nourable condition  for  his  sovereign.  Their  business  re- 
quired a  man  who  had  as  little  feeling  for  his  own  dignity 
as  for  the  welfare  of  his  country;  and  they  found  him 
in  the  hrst  rank  of  the  nobility.  Belleisle,  Goree,  Guada- 
loupe,  St.  Lucia,  Martinique,  the  Fishery,  and  the  Havan- 
nah,  are  glo*'io"us  monuments  of  your  Grace's  talents  for 
negotiation.  My  Lord,  we  arc  too  well  acquainted  with 
your  pecuniary  character,  to  think  it  possible  that  so  many 
public  sacrifices  should  have  been  made  without  some  pri- 
vate compensations.  Your  conduct  carries  with  it  an  inter* 
nal  evidence,  beyond  all  the  proofs  of  a  court  of  justice. 
Even  the  callous  pride  of  Lord  Egremont  was  alarmed  K 
He  saw  and  felt  his  own  dishonour  in  corresponding  with 
you :  and  there  certainly  was  a  moment  at  which  he  meant 
to  h.ave  resisted,  had  not  a  fatal  lethargy  prevailed  over  his 
faculties,  and  carried  all  sense  and  memory  av/ay  with  it. 

I  will  not  pretend  to  specify  the  secret  terms  on  which 
you  were  invited  to  support  ^  an  administration  which  Lord 

G 


Bute  pretended  to  leav,e  in  full  possession  of  their  ministerial 
authority,  and  perfectly  masters  of  themselves  He  was 
not  of  a  temper  to  relinquish  power,  thou.^h  he  retired  from 
employment.  Stipulations  \vere  certainly  made  between 
your  Grace  and  him,  and  certainly  violated.  After  two 
years'  submission,  you  thought  you  had  collected  s-rength 
sufficient  to  controul  his  influence,  and  that  it  was  your 
turn  to  be  a  tyrant,  because  you  had  been  a  slave.  When 
you  found  yourself  mistaken  in  your  opinion  of  your  gra- 
cious Master's  firmness,  disappointment  got  the  better  of 
all  your  humble  discretion,  and  carried  you  to  an  excess  of 
outrage  to  his  person,  as  distant  from  true  spirit  as  from 
all  decency  and  respect  ^  After  robbing  him  of  the  rights 
of  a  King,  you  would  not  permit  him  to  preserve  the  honour 
of  a  gentleman.  It  was  then  Lord  Weymouth  was  nomi- 
nated to  Ireland,  and  dispatciied  (we  well  remember  with 
what  indecent  hurry)  to  plunder  the  treasury  of  the  first 
fruits  of  an  employment,  which  you  well  knev/  he  was 
never  to  execute  "\ 

I'his  sudden  declaration  of  v/ar  against  the  favourite, 
•'^ih^ht  have  given  you  a  momentary  merit  Vvdth  the  public, 
.  j:,  had  either  been  adopted  upon  principle,  or  maintained 
ith  resolution.  ^Vithout  looking  back  to  all  your  former 
. :  rvility,  we  need  only  observe  your  subsetjuent  conduct,  to 
see  upon  w^hat  motives  you  acted.  Apparently  united  with 
Mr.  Grenville,  you  v/aited  until  Lord  Rockingham's  feeble 
administration  should  dissolve  in  its  own  v/eakness.  The 
inoment  their  disnriission  v/as  suspected,  the  moment  you 
perceived  that  another  system  v/as  adopted  in  the  closet, 
you  thought  it  no  disgrace  to  return  to  your  former  depen- 
dence, and  solicit  once  more  the  friendship  of  Lord  Bute. 
You  begged  an  intcrviev/,  at  which  he  had  spirit  enough  to 
'■reat  you  with  contempt. 

It  would  now  be  of  little  use  to  point  out  by  what  a  train 
of  weak,  injudicious  measures,  it  became  necessary,  or 
v^as  thought  so,  to  call  you  back  to  a  share  in  the  ad- 
ministration". The  friends,  whom  you  did  not  in  the  last 
instance  desert,  were  not  of  a  character  to  add  strength 
or  credit  to  government:  and  at  that  time  your  allia.  ce 
with  the  Duke  of  Grafton  was,  1  presume,  hardly  fore- 
seen. We  must  look  for  other  stipulations,  to  account 
for  that  sudden  resolution  of  the  closet,  by  which  three 


99 

of  your  dependents  '^  (whose  characters,  I  think,  cannor 
be  less  respected  than  they  are)  v/ere  advanced  to  oihces, 
through  which  you  might  again  control  the  minister,  and 
probably  engross  the  whole  direction  of  affairs. 

The  possession  of  absolute  power  is  now  once  more 
ithin  your  reach.  The  measures  you  have  taken  to  ob- 
;;iin  and  confirm  it,  are  too  gross  to  escape  the  eyes  of  a 
discerning  judicious  prince.  His  palace  is  besieged; 
the  lines  of  circumvallation  are  drawing  roui^  him ; 
and,  unless  he  finds  a  resource  in  his  own  activity,  or  in 
the  attachment  of  the  real  friends  of  his  family,  the  best 
of  princes  must  submit  to  the  confinement  of  a  state-pri- 
soner, until  youf  Grace's  death,  or  some  less  fortunate 
event,  shall  raise  the  siege.  For  the  present,  you  may 
safely  resume  that  style  of  insult  and  menace,  which  even 
^  private  gentleman  cannot  submit  to  hear  without  beina 
contemptible.  Mr.  Mackenzie's  history  is  not  yet  for- 
gotten ;  and  you  may  find  precedents  enough  of  tir 
mode  in  which  an  imperious  subject  may  signify  his  plea- 
sure to  his  sovereign.  Where  will  this  gracious  monarch 
look  for  assistance,  when  the  wretched  Cirafton  could  for- 
get his  obligations  to  his  master,  and  desert  him  for  a 
hollow  alliance  with  such  a  man  as  the  Duke  of  Bedford* 

Let  us  consider  you  then  as  arrived  at  the  summit  of 
wordly  greatness;    let  us  suppose  that  all  your  plans  of 
avarice   and  ambition  are   accomplished,    and   your  moi^I 
sanguine  wishes  gratified,  in  the  fear  as  well  as  the  hatred 
of  the  people;     can  age  itself  forget  that  you   are  in  the 
last   act  of  life  ?    Can  gray  hairs  make  folly   venerable  i" 
And  is  there  no  period  to  be  reserved  for  meditcition   and 
retirement?    For  shame  1    my  Lord  :    let  it  not  be  record- 
ed of  you,  that  the  latest  moments  of  your  life  were  de- 
dicated to  the  same  unworthy  pursuits,  the  same  busy  agi- 
tations, in  which  your  youth  and  manhood  were  exhausted. 
Consider,  that  although    you  cannot    disgrace    your    for 
mef  life,  you  ai^e  violating  the  character  of  age,   and  e> 
posing  the  impotent  imbecility,  after  you  have  lost  the  v 
gour  of  tlie  passions. 

Your  friends  will  ask,  perhaps,  Whitjicr  shall  this  un 
happy  old  man  retire?    Can  he  remain  in  the  metropolis, 
where   his   life  has  been  so  often  threatened,  and  his  pa- 
lace so  ofteiv  attacked  ?  If  he  returns  to   \v  oburn,  sec  ■ , 


100 

and  mockery  uvvait  iiiiu.  He  must  create  a  solitude  round 
his  estate,  if  he  would  avoid  the  face  of  reproach  and  de- 
rision. At  Plymouth,  his  destruction  would  be  more 
than  probable  :  at  Exeter,  inevitable.  No  honest  En- 
giishman  will  ever  forget  his  attachment,  nor  any  honest 
8cotclAman  forgive  his  treachery,  to  Lord  Bute.  At  every 
t^wn  he  enters,  he  must  change  his  liveries  and  name. 
Whichever  way  he  ilicsj  the  hue  and  cry  of  the  country 
pursues  him. 

Id  another  idngdcm,  indeed,  the  blessings  of  his  admi- 
iustration  have  been  more  sensibly  felt ;  his  virtues  better 
understood;  or  at  worst  tliey  will  not,  for  him  alone, 
forget  their  bo?pit?Jity. — As  well  might  Verres  have  re- 
turned to  SJcT/,  "^'ou  have  twice  escaped,  my  Lord  j 
iunvare  of  a  third  experiment.  The  indignation  of  a 
;vhole  pecp;e*  plundered,  insulted,  and  oppressed  as  they 
-=ave  bee-ij  will  not  always  be  disappointed. 

It  is  in  vahi,  therefore,  to  shift  the  scene.     You  can  no 

ruore  fiy  from  your  enemies  than  from  yourself.     Perse- 

uted   abroad,  you   look  into  your  own  heart  for  consola- 

loiij  and  find  nothing  but  reproaches  and  despair.     But, 

.:iy  Lord,   you  may  quit  the  field  of  business,  though  not 

'he  field  of  danger;    and  though  you  cannot  be  safe,  you 

lay  cease  to  be  ridiculous.     I  fear  you  have  listened  too 

.mg  to  the  advice  of  those  pernicious  friends,  with  whose 

.  acrests  you  have  sordidly  united  your  own,  and  for  whom 

'ou  have  sacrificed  every  thing  that  ought  to  be  dear  to  a 

nan  of  honour.     They  are  still  base  enough  to  encourage 

riie  follies  of  your  age,  as  they  once  did  the  vices  of  your 

youth.     As  little   acquainted  with  the   rules  of   decorum, 

,xs   with  the  laws  of  morality,  they  will  not  sufier  you  to 

profit  by  experience,   nor  even  to  consult  the  propriety  of 

a  bad  character.      Even   now  they  tell  you,   that  life  is  no 

more  than  a  dramatic  scene,  in  wdiich  the  hero   should 

preserve  his  consistency  to  the  last;    and  that  as  you  lived 

without  virtue,  you  should  die  v;ithout  repentance. 


LETTER  XXIV. 

TO  JUNIUS. 

SIR,  Sept.  14.  1769. 

FIaving.  accidentally  seen  a  republication  of 
your  Letters,  wherein  you  have  been  pleased  to  assert  that 
I  had   sold  the  companions  of  my  success,    I  am   again 
obliged  to  declare  the  said  assertion  to  be  a  most  infamous 
and  malicious  falshood ;  and  I  again  call  upon  you  to  stand 
forth,  avow  yourself,  and  prove  the  charge.  If  you  can  make 
it  out  to  the  satisfaction  of  any  one  man  in  the  kingdom,  I 
will  be  content  to  be  thought  the  worst  man  in  it ;  if  you 
do  not,  what  must  the  nation  think  of  you  ?  Party  has  nothing* 
to  do  in  this  affair  :  you  have  made  a  personal  attack  upon 
my  honour,  defamed  me  by  a  most  vile  calumny,  whicli 
might  possibly  have  sunk  into  oblivion,  had  not  such  un- 
common pains  been  taken  to  renew  and  perpetuate  this 
scandal,  chiefly  because  it  has  been  told  in  good  language  ; 
fori  give  you.  full  credit  for  your  elegant  diction,  v/ell-turned 
periods,  and  Attic  wit :  but  wit  is  oftentimes  false,  though 
it  may  appear  brilliant ;  which  is  exactly  the  case  of  your 
whole  performanre.     But,  Sir,  I  am  obliged,  in  the  most 
serious  manner,  to  accuse  you  of  being  guilty  of  fulsitief::, 
Vou  have  said  the  tiling  that  is  not.   To  support  your  story, 
you  liave  recourse  to  the  following  irresistible  argument : 
"  lou  sold  the  companions  of  your  victory,  because,  when 
''  the    16th  regiment   was   given  to  you,  you  was  silent> 
"  The  conclusion  is  inevitable."     I  believe  that  such  deep 
and  acute  reasoning  could  only  come  from  such  an  extra- 
ordinary writer  as  Junius.     But  unfortunately  for  you,  the 
premises  as  well  as  the  conclusion  are  absolutely  false. 
Many  applications  ]  ave  been  made  to  the  ministry  on  the 
subject  of  the  Manilla  ransom  since  the  time  of  my  being 
colonel  of  that  regiment      As  I  have  for  some  years  quit- 
ted London,  I  was  obliged  to  have  recourse  to  the  Ho- 
nourable Colonel  Monson  and  Sir  Samuel  Cornish  to  ne- 
gotiate for  me ;  in  the  last  autum.n,  I  personally  delivered 
a  memorial  to  the  Earl  of  Shelbume,  at  his  seat  in  Wilt- 
siiire.     As  you  have  told  us  of  your  importance^  tliat  you 

I 


iri- 


.^re  a  person  of  rank  and  fortune,  and  above  a  commoii. 
bribe,  you  may  in  all  probability  be  not  unknown  to  I-is 
Lordship,  who  can  satisfy  you  of  the  truth  of  what  1  say; 
But  I  shall  now  take  the  liberty,  Sir,  to  seize  your  battery, 
iiud  turn  it  against  yourself.  If  your  puerile  and  tinsel 
logic  could  carry  the  least  weight  or  conviction  with  it,  liow 
7iiust  you  stand  affected  by  the  inevitable  conclusion,  as  you 
are  pleased  to  term  it?  According  to  Junius,  silence  is  guilt. 
};n  many  of  the  public  papers,  you  have  been  called,  in  the 
most  direct  and  offensive  terms,  a  liar  and  a  coward.  When 
^id  you  reply  to  these  foul  accusations  ?  You  have  been  quite 
ciilent,  cmite  chop-fallen  ;  therefore,  because  you  was  silent, 
the  nation  has  a  right  to  pronounce  you  both  a  liar  and  a 
coward  from  your  own  argument.  But,  Sir,  I  will  give  you 
fair  play  ;  I  Vviii  afford  you  an  opportunity  to  v/ipe  off  the 
first  appellation,  by  desiring  the  proofs  of  your  charge 
against  me.  -  Produce  them  !  To  wipe  off  the  last,  produce 
yourself.  People  cannot  bear  any  longer  your  lion's  skin^ 
ind  the  despicable  imposture  of  the  old  Roman  name  which 
you  have  affected.  For  the  future  assume  the  nam.e  of  some 
modern  p  bravo  and  dark  assassin  :  let  your  appellation  have 
some  affinity  to  your  practice.  But  if  I  must  perish,  Junius^ 
let  me  perish  in  the  face  of  day  ;  be  for  once  a  generous  and 
open  enemy.  I  allow  that  Gothic  appeals  to  cold  iron  are 
>io  better  proof  of  a  man's  honesty  and -veracity,  than  hot 
vron  and  burning  plough- >hares  are  of  female  chastity  ;  but 
.;  soldier's  honour  is  as  delicate  as  a  woman's  ;.  it  must  not 
be  suspected  :  you  have  dared  to  throw  more  than  a  suspi- 
cion upon  mine:  you  cannot  but  know  the  consequence^ 
■>-1r*ch  even  the  meekness  of  Christianity  Vv^ould  pardon  me 
i\  \    :S-j  y  the  injury  you  have  done  me. 

\Yl  L  L I A  >I    D  K  A  V  ] . ''  ^ 


1 6- 3 
LETTER  XXV. 

II(eret  letcri  lethalis  anaido, 

TO    SIR    WILLIA?!    DRAPIr^R,    K,   D. 

SIR,  Sept.  25.  l?6b 

After  so  long  an  inter valj  I  clid  not  expect  to 
see  the  debate  revived  between  us.  My  answer  to  your 
last  letter  shall  be  short,  for  I  write  to  you  with  reluctance, 
and  I  hope  we  shall  now  conclude  our  correspondence  foik 
ever.  ^ 

Had  yovi  been  originally,  and  without  provocation,  at- 
tacked by  an  annoymous  writer,  you  would  have  some 
right  to  demand  his  name.  But  in  this  cause  you  are  a 
volunteer.  You  engaged  in  it  with  the  unpremeditated 
gallantry  of  a  soldier.  You  were  content  to  set  your 
name  in  opposition  to  a  man  who  would  probably  con- 
tinue in  concealment.  You  understood  the  terms  upon 
which  we  were  to  correspond,  and  gave  at  least  a  tacit 
assent  to  them.  After  voluntarily  attacking  me  under 
the  character  of  Junius,  what  possible  right  have  you  to 
know  m<i  under  any  other?  Will  you  forgive  me  if  I  in- 
sinuate to  you,  that  you  foresaw  some  honour  in  the  ap- 
parent spirit*  of  coming  forvvard  in  person,  and  that  you 
were  not  quite  indifferent  to  the  display  of  your  literary 
qualifications  ? 

You  cannot  but  know  that  the  republication  of  my 
letters  was  no  more  than  a  catchpenny  contrivance  of 
a  printer,  in  w^hich  it  was  impossible  I  should  be  con- 
cerned, and  for  which  I  am  no  way  answerable.  At  the 
same  time  I  w^ish  you  to  understand,  that  if  I  do  not  take 
the  trouble  of  reprinting  these  papers,  it  is  not  from  any 
fear  of  giving  offence  to  Sir  William  Draper. 

Your  remarks  upon  a  signature  adopted  merely  for 
distinction,  are  unworthy  of  notice  :  but  when  you  tell 
me  I  have  submitted  to  be  called  a  liar  and  a.  coward,  I 
vauai  ask  you  in  my  turn,  Whether  you  seriously  think 
...  is  any  way  incumbent  upon  me  to  take  notice  of  the  silly 
fevectives  of  every  simpleton  who  v>'iiles  in  a  newspaper ; 
and  w^hat  opinion  you  would  have  conceived  of  my' dis- 
cretion, if  I  iiad  suffered  myself  to  be  the  dupe  of  so  shal- 
low an  artifice  ^ 


!04 

Your  appeal  to  the  sword,  though  consistent  enough 
with  your  late  profession,  vviil  neither  prove  your  inno- 
cence, nor  clear  you  from  suspicion. — Your  complaints 
with  regard  to  the  Manilla  rfctosom  .were  for  a  consider- 
able time  a  distress  to  government-  Vou  were  appointed 
(greatly  out  of  your  turn)  to  the  command  of  a  regi- 
ment, and  during  that  admii^iblration  we  heard  no  more  of 
Sir  William  Draper.  The  facts  of  which  I  speak  may  in- 
deed be  variously  accounted  for,  but  they  arc  too  notori- 
ous to  be  denied :  and  I  think  you  might  have  learnt  at 
the  university,  that  a  false  conclusion  is  an  error  in  argu- 
ment, not  a  breach  of  veracity.  Your  solicitations,  I  doubt 
not,  were  renewed  under  another  administration.  Ad- 
mitting the  fact,  I  fear  an  indifferent  person  would  only 
infer  from  it,  that  experience  had  made  you  acquainted 
with  the  benefits  of  complaining.  Remember,  Sir,  that 
you  have  yourself  confessed,  that,  '  considering  the  criti- 
cal situation  of  this  country,  the  ministry  are  in  the  right 
to  temporize  with  Spain.'  This  confession  reduces  you  to 
an  unfortunate  dilemma.  By  renewing  your  solicitati- 
ons, you  must  either  mean  to  force  your  country  into  a  war 
at  a  most  unseasonable  juncture  ;  or,  having  no  view  of 
expectation  of  that  kind,  that  you  look  for  nothing  but  a 
private  compensation  to  yourself. 

As  to  me,  it  is  by  no  means  necessary  that  I  should  be 
exposed  to  the  resentment  of  the  worst  and  the  most  pow- 
erful men  in  this  country,  though  I  may  be  indifferent 
about  yours.  Though  you  would  fight,  there  are  others 
who  would  assasinate. 

But  after  all.  Sir,  where  is  the  injvu'y  ?  You  assure  me 
that  my  logic  is  puerile  and  tinsel ;  that  it  carries  not  the 
least  v/eight  or  conviction^  that  my  premises  are  false, 
and  my  conclusions  absurd.  If  this  be  a  just  description 
of  me,  how  is  it  possible  for  such  a  writer  to  disturb  your 
peace  of  mind,  or  to  injure  a  character  so  well  established 
as  yours?  Take  care.  Sir  William,  how  you  indulge  this 
unruly  temper,,  lest  the  world  should  suspect  that  con- 
science has  some  share  in  your  resentments.  You  have 
more  to  fear  from  the  treachery  of  your  own  passions, 
than  from  any  mc.':,  volence  of  mine. 

I  believe,.  Sir,  v  :;>  will  never  know  me.  A  considera- 
ble time  must  certainly  elapse  before  we  are  personally 


IQ4 

acqtiamted.  You  need  not,  however,  regret  the  delay,  Qr 
suffer  an  apprehension  that  any  length  of  time  can  restore 
you  to  the  Christian  meekness  of  your  temper,  and  disap- 
point your  present  indignation.  If  I  understand  your  cha- 
racter, there  is  in  your  own  breast  a  repository,  in  which 
your  resentments  may  be  safely  laid  up  for  future  occasions^ 
and  preserved  without  the  hazard.of  diminution.  The  Odia  in 
hngiim  jacims^  (jme  recondcrct^  aucfaqiie  promerct^  I  thought 
had  only  belonged  to  the  %vorst  character  of  antiquity.  The 
text  is  in  Tacitus ; — you  know  best  where  to  look  for  the 
comme»tary . 

Junius, 


LETTER  XXVL 


A    WORD    AT    PARTING     TO    JUNIITS, 

SIR,  Oct.  r.  ir69. 

As  you  have  not  favoured  me  with  either 
of  the  explanations  demanded  of  you,  I  can  have  nothing 
more  to  say  to  you  upon  my  own  account.  Your  mercy 
to  me,  or  tenderness  for  yourself,  has  been  very  great. 
The  public  will  judge  of  your  motives.  If  your  excess 
of  modesty  forbids  you  to  produce  cither  the  proofs  or 
yourself,  I  wiil  excuse  it.  Take  courage  ;  I  have  not  the. 
temper  of  Tiberius,  any  more  than  the  rank  or  power. 
You,  indeed,  are  a  tyrant  of  another  sort;  and  upon  your 
political  bed  of  torture  can  excruciate  any  subject,  from 
a  first  minister  down  to  such  a  grub  or  butterfly  as  my- 
self: like  another  detested  tyrant  of  antiquity,  can  make 
the  wretched  sufferer  fit  the  bed,  if  the  bed  will  not  fit 
the  sufferer,  by  disjointing  or  tearing  the  trembling  limbs 
vnitil  they  are  stretched  to  its  extremity.  But  courage,, 
constancy,  and  patience,  under  torments,  have  sometimes 
caused  the  most  hardened  monsters  tq  relent,  and  forgive 
the  object  of  their  cruelty.  You,  Sir,  are  determined  to 
try  all  that  human  nature  can  endure,  until  she  expires  j 
else,  was  it  possible  that  you  could  be  the  author  of  that 
most  inhuman  letter  to  the  Duke  of  Bedford,  I  have  read 
w4th  astonishment  and  horror?  Where,  Sir,  where  were 
I  the  feelings  of  your  own  heart,  when  you  could  upbraid 
j  a  most  affectionate  father  with  the  loss  of  his  onlv  and 


106 

most  amiable  son?  Read  over  again  those  cruel  lines  oi" 
yours,  and  let  them  wring  your  very  soul.  Cannot  poli- 
tical questions  be  discussed  without  descending  to  the 
most  odious  personalties?  Must  you  g-o  wantonly  out  of 
your  way  to  torment  declining  agie,  because  the  Duke  of 
Bedford  may  have  quarrelled  with  those  whose  cause  and 
politics  you  espouse?  For  shame!  for  shame!  As  you 
have  spoke  daggers  to  him,  you  may  justly  dread  the  use 
of  them  against  your  own  breast,  did  a  want  of  courage, 
or  of  noble  sentiments,  stimulate  him  to  such  mean  re- 
venge. He  is  above  it ;  he  is  brave.  Do  you  fancy  that 
your  own  base  arts  have  infected  our  whole  island?  But 
your  own  reflections,  your  own  conscience,  must  and 
will,  if  you  have  any  spark  of  humanity  remaining,  give 
him  most  ample  vengeance.  Not  all  the  pov/er  of  words 
with  which  you  are  so  graced,  will  ever  wash  out,  or  even 
palliate,  this  foul  blot  in  your  character.  I  have  not  time 
at  present  to  dissect  your  letter  so  minutely  as  I  could 
wish ;  but  I  will  be  bold  enough  to  say,  that  it  is  (as  to 
reason  and  argument)  the  most  extraordinary  piece  of  flo- 
rid impotence  that  was  ever  imposed  upon  the  eyes  and 
ears  of  the  too  credulous  and  deluded  mob.  It  accuses 
the  Duke  of  Bedford  of  high  treason.  Upon  what  founda- 
tion ?  You  tell  us,  "  that  the  Duke's  pecuniary  charac- 
*'  ter  makes  it  more  than  probable  that  he  could  not  have 
*'  made  such  sacrifices  at  the  peace,  without  some  pri- 
"  vate  compensations :  that  his  conduct  carried  with  it  an 
^'^  interior  evidence,  beyond  all  the  legal  proofs  of  a  court 
**  of  justice.'' 

My  academical  education,  Sir,  bids  me  tell  you,  that  it 
is  necessary  to  establish  the  truth  of  your  first  proposition, 
before  you  pr  sume  to  draw  inferences  from  it.  First 
prove  the  avarice,  before  you  make  the  rash,  hasty,  and 
most  wicked  conclusion.  This  father,  Junius,  whom  you 
call  avaricious,  allowed  that  son  eight  thousand  pounds 
a-year.  Upon  his  most  unfortunate  death,  which  your.' 
usual  good  nature  took  care  to  remind  him  of,  he  greatly  j 
increased  the  jointure  of  the  afflicted  lady  his  widow.  Is 
this  avarice^  Is  this  doing  good  by  stedth  ?  It  is  upon 
record. 

If  exact  order,  method,  and  true  ceconomy,  as  a  master 
o£  a  family  ;  if  splendour  and  just  magnificence,  withoi:' 


107 

wiW  waste  and  thoughtless  extravagance,  may  constitute 
the  character  of  an  avaricious  man,  the  Duke  is  guilty. 
But  for  a  mofijent  let  us  admit  that  an  ambassador  may 
love  money  too  much,  what  proof  do  you  give  tliat  he 
has  taken  any  to  betray  his  country  ?  Is  it  hearsay,  or  the 
evidence  of  letters,  or  occular,  or  the  evidence  of  those 
concerned  in  this  black  -affair  ?  Produce  your  authorities 
to  the  public.  It  is  an  impudent  kind  of  sorcery  to  at- 
tempt to  blind  us  with  the  smoke,  without  convincing  us 
that  the  fire  has  existed. '  You  first  brand  him  with  a  vice 
that  he  is  free  from,  to  render  him  odious  and  suspected. 
Suspicion  is  the  foul  weapon  with  which  you  make  all 
your  chief  attacks  ;  with  that  you  stab.  But  shall  one  of 
the  first  subjects  of  the  realm  be  ruined  in  his  fame? 
shall  even  liis  life  be  in  constant  danger,  from  a  charge 
built  upon  such  sandy  foundation-  ?  Must  his  house  be 
besieged  by  lawless  rullians,  his  journies  impeded,  and 
even  the  asylum  of  an  altar  be  insecure  from  assertions  so 
base  and  false  ?  Potent  as  he  is,  the  Duke  is  amenable  to 
justice  ;  if  guilty,  punishable.  The  parliament  is  the  high 
and  solemn  triljunal  for  matters  of  such  great  moment. 
To  that  be  they  submitted.  But  I  hope  also  that  some 
notice  will  be  taken  of,  and  some  punishment  inflicted 
upon,  false  accusers  ;  especially  upon  such,  Junius,  who 
are  wilfully  false.  In  any  truth  I  will  agree  even  vrith 
Junius  ;  will  agree  with  him  that  it  is  highly  unbecom- 
ing the  dignity  of  peers  to  tamper  with  burroughs.  Aris- 
tocracy is  as  fatal  as  democracy.  Our  constitution  ad- 
mits of  neither.  It  loves  a  King,  Lords,  and  Commons, 
really  chosen  by  the  unbought  suffrages  of  a  free  people. 
But  if  corruption  only  shifts  hands ;  if  the  wealthy  com- 
moner gives  the  bribe,  instead  of  the  potent  peer,  is  the 
state  better  served  by  this  exchange  ?  Is  the  real  emanci- 
pation of  the  borough  effected,  because  new  parchment 
bonds  may  possibly  supersede  the  old  ?  To  say  the  truth, 
wherever  such  practices  prevail,  they  are  equally  criminal 
to,  and  destructive  of,  our  freedom. 

The  rest  of  your  declamation  is  scarce  wortii  consider- 
ing, except  for  the  elegance  of  the  language.  Like 
Hamlet  in  the  play,  you  produce  two  pictures :  yoa 
teil  us,  that  one  is  not  like  the  Duke  of  Bedford ;  then 


you  bring  a  mos^t  hideous  caricatura,    and  tell  us  of  the 
resemblance  ;  but  multum  ahludii  imago. 

All  your  long  tedious  accounts  of  the  ministerial  quar- 
rels, and  the  intrigues  of  the  cabinet,  are  reducible  to  a 
few  short  lines  ;  and  to  convince  you,  Sir,  that  I  do  not 
mean  to  flatter  any  minister,  either  past  or  present,  these 
are  my  thoughts:  They  seem  to  have  acted  like  lovers, 
or  children  ;  have  ^  pouted,  quarrelled,  cried,  kissed,  and 
been  friends  again,  as  the  objects  of  desire,  the  ministe- 
rial rattles,  have  been  put  into  their  hands.  But  such 
proceedings  are  ver}"  im worthy  of  the  gravity  and  dignity 
of  a  great  nation.  We  do  not  v/ant  men  of  abilities  ; 
but  we  have  wanted  steadiness  ;  we  want  unanimity  :  your 
lettei^,  Junius,  will  not  contribute  thereto.  You  may 
one  day  expire  by  a  flame  of  your  own  kindling.  But  it 
is  my  humble  opinion,  that  lenity  and  moderation,  par- 
don and  oblivion,  will  disappoint  the  efforts  of  all  the  s'e\ 
ditious  in  the  land,  and  extinguish  their  wide  spreading 
lires.  I  have  lived  with  this  sentiment  ;  with  this  I  shall 
die. 

Willi  A  :m  Draper.. 


LETTER  XXVIL 


TO    TilE    PRINTER    OF    THE    PUBLIC    ADVERTISER. 

SIR,  Oct.  13  1769. 

If  Sir  William  Draper's  bed  be  a  bed  of  tor- 
ture, he  has  made  it  for  himself.  I  shall  never  interrupt 
his  repose.  Having  changed  the  subject,  there  are  parts 
of  this  last  letter  not  undeserving  of  a  reply.  Leaving  his 
private  character  and  conduct  out  of  the  question,  I  shall 
consider  him  merely  in  the  capacity  of  an  author,  whose 
labours  certainly  do  no  discredit  to  a  newspaper. 

We  say,  in  common  discourse,  that  a  man  may  be  his 
own  enemy  ;  and  the  frequency  of  the  fact  makes  the  ex- 
pression intelligible.  But  that  a  man  should  be  the  bitter- 
est enemy  of  his  friends,  implies  a  contradiction  of  a 
peculiar  nature.  There  is  something  in  it  which  cannot 
be  conceived  without  a  confusion  of  ideas,  nor  expressed 
without  solecism  in  language.  Sir  William  Draper  is 
sl6ll  that  fatal  friend  Lord  Granbv  found  him.     Yet  I  am 


ready  to  do  justice  to  his  generosity  ;  if  indeed  it  be  not 
something  more  than  generous,  to  be  the  voluntary  advo- 
cate of  men  who  think  themselves  injured  by  his  assistance, 
and  to  consider  nothing  in  the  cause  he  adopts  but  the 
difficulty  of  defending  it.  I  thought  however,  he  had  been 
better  read  in  the  history  of  the  human  heart  than  to  com- 
pare or  confound  the  tortures  of  the  body  with  those  of 
the  mind.  He  ought  to  have  known,  though  perhaps  it 
might  not  be  his  interest  to  confess,  that  no  outward  ty- 
ranny can  reach  the  mind.  If  conscience  plays  the  ty- 
rant, it  would  be  greatly  for  the  benefit  of  the  world  that 
she  were  more  arbitrary,  and  far  less  pla-cable,  than  some 
men  find  her. 

But  it  seems  I  have  outraged  the  feelings  of  a  father's 
heart. — Am  I  indeed  so  injudicious?  Does  Sir  William 
Draper  think  I  would  have  hazarded  my  credit  with  a  ge- 
nerous nation,  by  so  gross  a  violation  of  the  laws  of  huma- 
nity? Does  he  think  I  am  so  little  acquainted  with  the 
first  and  noblest  characteristic  of  Englishmen?  Or  how 
will  he  reconcile  such  folly  with  an  understanding  so  full 
of  artifice  as  mine?  Had  he  been  a  father,  he  would 
have  been  but  little  offended  with  the  severity  of  the  re- 
proach, or  his  mind  would  have  been  filled  with  the  jus- 
tice of  it.  He  would  have  seen  that  I  did  not  insult  the 
feelings  of  a  father,  but  the  father  who  felt  nothing.  He 
would  have  trusted  to  the  evidence  of  bis  own  paternal 
heart ;  and  boldly  denied  the  possibility  of  the  fact,  in- 
stead of  defending  it.  Against  whom  then  will  his  ho- 
nest indignation  be  directed,  when  I  assure  him,  that  this 
whole  town  beheld  the  Duke  of  Bedford's  conduct,  upon 
the  death  of  his  son,  with  horror  and  astonishment  ?  Sir 
William  Draper  does  himself  but  little  honour  in  oppo- 
sing the  general  sense  of  his  country.  The  people  are  sel- 
dom wrong  in  their  opinions, — in  their  sentiments  they 
are  never  mistaken.  There  may  be  a  vanity  perhaps  in 
a  singular  way  of  thinking ;  but  a  when  man  professes  a 
want  of  those  feelings  which  do  honour  to  the  multitudei 
he  hazards  something  infinitely  more  important  than  the 
character  of  his  understanding.  After  ail,  as  Sir  Wil- 
liam may  possibly  be  in  earnest  in  his  anxiety  for  the  Duke 
of  Bedford,  I  should  be  glad  to  relieve  him  from  ii.  He  may 
rc^t  assured  that  this  worthy  nobleman  laughs,  with  equal 

H 


1.10 

IndifTerencej  at  my  reproaches,  and  Sir  William's  c^istres 
about  hhn.  But  here  let  it  stop.  Even  the  i6uke  of 
Bedfords  insensible  as  he  is,  will  consult  the  tranquility  of 
'us  lift;  in  not  provoking  the  moderation  of  my  temper. 
\L  from  the  profoundest  contempt,  I  should  ever  rise  into 
an^^er,  he  should  soon  find,  that  all  I  have  already  said  of 
rim  was  lenity  and  compassion. 

Out  of  a  long  catalogue,  Sir  William  Draper  has  con- 
fined himself  to  the  refutation  of  two  charges  only.     The 
/est  he  had  not  time  to  discuss    and  indeed  it  would  have 
been  a  laborious  undertaking.      To  draw  up  a  defence  of 
such  a  series  of   enormities,  would  have  required  a  life  at 
least  as  long  as  that  which   has  been  uniformly  employed 
in  the  practice  of  them.     The  public  opinion  c  f  the  Duke 
of  Bedford's  extreme  ceconomy  is,  it  seems,  entirely  with- 
ut  fovmdation.      Though   not   very   prodigal  abroad,   in 
us  own  family  at  least  he  is  regular  and  magnificent.     He 
pays  his  debts,  abhors  a  beggar,  and  makes  a  handsome 
provision  for  his  son.     His  charity  has  improved  upon  the 
proverb,  and  ended  where  it  began.     Admitting  the  whole 
force  of  this   single   instance  of   his  domestic   generosity 
wonderful  indeed,  considering  the  narrovvness  of  his  for- 
;  ne,  and  the  little  merit  of  his  only  son),  the  public  may 
Ail  perhaps  be  dissatisfied,   and  demand  some  other  less 
equivocal  proofs  of  his  mauiificence.     Sir  V»  illiam  Draper 
bhould  liave  entered  boldly  into   tlie  detail — of  indigence 
relieved — of  arts  encouraged — of  science  patronised,  men 
of  learning  protected,  and  works  of  genius  rewarded  ; — in 
^short,  had  there  been  a  single  instance,  besides  Mr.  Rigby's, 
of  blushing  merit  brought  forv/ardby  the  Duke  for  the  ser- 
vice of  the  public,  it  should  not  have  been  omitted. 

I  wish  it  w^ere  possible  to  establish  my  inference  with 

he    same   certainty    on   v/hich  I  believe  the  principle  is 

founded.     My  conclusion,  however,  was  not  drawn  from 

the  principle  alone.     I  am  not  so  unjust  as  to  reason  from 

one  crime  to  another  ;  though  I  think,  that  of  all  the  vices» 

varice  is  most  apt  to  taint  and  corrupt  the  heart.     I  com- 

/Ined  the  known  temper  of  the  man  with  the  extravagant 

oncessions  made  by  the  ambassador;  and  thou^sh  I  doubt 

-it  sufTicient;  c  v^"^  was  taken  to  leave  no  document  of  any 

'  '  maintain  that  the  conduct*^ 
;.iU;:tt;.  v.....lc:.  \ri.U  ..  ^11  Internal  and  convincing 


in 

evidence  against  him.  Sir  William  Draper  seems  not  t^ 
know  the  value  or  force  of  such  a  proof.  He  v/ill  not 
permit  us  to  judge  of  the  motives  of  men,  by  the  manifest 
tendency  of  their  actions,  nor  by  the  notorious  character 
of  their  minds.  He  calls  for  papers  and  witnesses,  witii 
kx  triumphant  security  ;  as  if  nothing-  could  be  true  but 
what  could  be  proved  in  a  court  of  justice.  Vet  a  religious 
man  might  have  remembered,  upon  what  foundation 
some  truths,  most  interesting  to  mankind,  have  been 
received  and  established.  If  it  were  not  for  the  internal 
evidence,  which  the  purest  of  religions  carries  with  it, 
v/hat  would  have  become  of  his  once  well-quoted  deca- 
logue, and  the  meel^ncss  of  his  Christianity  ? 

The  generous  warmth  of  his  resentment  makes  him 
confound  the  order  of  events.  He  forgets  that  the  insults 
and  distresses  which  the  Duke  of  Bedford  has  sufiered, 
and  which  Sir  William  has  lamented  Avith  many  delicate 
touches  of  the  true  pathetic,  were  only  recorded  in  my 
letter  to  his  Grace,  not  occasioned  by  it.  It  was  a  simple 
candid  narrative  of  facts  ;  though,  for  aught  I  know,  it 
may  carry  with  it  something  prophetic.  His  Grace  un- 
doubtedly has  received  several  ominous  hints  ;  and  I 
think,  in  certain  circumstances,  a  wise  man  would  do  well 
to  prepare  himself  for  the  event. 

But  I  have  a  charge  of  a  heavier  nature  against  Sir 
William  Draper.  He  tells  us  that  the  Duke  of  Bedford  is 
amenable  to  justice  ;  that  parliament  is  a  high  and  so- 
lemn tribunal ;  and  that,  if  guilty,  he  may  be  punished 
by  due  course  of  law  ;  and  all  this  he  says  v/ith  as  much 
gravity  as  if  he  believed  one  word  of  the  matter.  I  hope, 
indeed,  the  day  of  impeachments  v/ill  arrive,  before  this 
nobleman  escapes  out  of  life  ; — but  to  refer  us  to  that  mode 
of  proceeding  novr,  v/ith  such  a  ministry,  and  such  a  Housr 
of  Commons  as  the  present,  v/hat  is  it,  but  an  indecen 
mockery  of  the  common  sense  of  the  nation  ?  I  thin- 
he  might  have  contented  himself  with  defending  the  greatest 
enemy,  without  insulting  the  distresses,  of  his  country. 

His  concluding  declaration  of  his  opinion,  v/ith  respect 
to  the  present  condition  of  affairs,  is  too  loose  and  unde- 
termined to  be  of  any  service  to  the  public.  How  strange 
is  it  that  this  gentleman  should  dedicate  so  much  time  and 
argument  to  the  defence  of  v/orthless  or  indifferent  cha- 


Al; 


U2^ 

^aeters,  w1:iiie  he  gives  but  seven  solitary  lines  to  the  only 
subject  which  can  deserve  his  attention,  or  do  credit  to 
his  abilities  ? 

Junius. 


LETTER  XXVIII. 


TO    THE    PRINTER    OF    THE    PUBLIC    ADVERTISER. 

.■:iR,_  Oct.  20.  1769, 

I  VERY  sincerely  applaud  the  spirit  with  Which 
a  lady  has  paid  the  debt  of  gratitude  to  her  benefactor. 
Though  I  think  she  has  mistaken  the  point,  she  shows  a 
virtue  which  makes  her  respectable.  The  question  turn- 
ed upon  the  personal  generosity  or  avarice  of  a  man, 
whose  private  fortune  is  immense.  The  proofs  of  his  mu- 
.  Hicence  must  be  drawn  from  the  uses  to  which  he  has 
itpplied  t'nat  fortune.  I  was  not  speaking  of  a  Lord  Lieu- 
tenaait  of  Ireland,  but  of  a  rich  English  Duke,  whose 
wealth  gave  him  the  means  of  doing  as  much  good  in  this 
country,  as  he  derived  from  his  power  in  another.  I  am 
far  from  wishing  to  lessen  the  merit  of  this  single  benevo- 
lent action  ; — perhaps  it  is  the  more  conspicuous  from 
*cjiding  alone.  All  I  mean  to  say  is,  that  it  proves  no- 
::'ing  in  the  presen-t  argument. 

J  UNI  US#- 


LETTER  XXIX, 


;■£    PRINTER  OF     THE     PUBLIC    ADVERTISER^ 

Oct.  19.  ir69- 
I  Ar.i  well  assnredthat  Junius  will  never  descend 
to  a  dispute  with  such  a  writer  as  Modestus  (whose  letter 
appeared  in  the  Gazetteer  of  Monday),  especially  as  th' 
dispute  must  be  chiefly  about  words.  Notwithstanding 
the  partiality  of  the  public,  it  does  not  appear  that  Ju 
nius  values  himself  upon  any  superior  skill  in  composi- 
tion ;  and  I  hope  his  time  wilL always  be  more  usefully 
employed  than  in  the  trilling  refinements  of  verbal  crui 
cism.  Modestus,  however,  shall  have  no  reason  to  triumph 
in  the  silence  and  moderation  of  Junius.     If  he  knew  at 


much  of  the  propriety  of  language,  as  I  believe  he  doc, 
of  the  facts  in  question,  he  would  have  been  as  cautious 
of  attacking  Junius  upon  his  composition,  as  he  seems  to 
be  of  entering  into  the  subject  of  it;  yet,  after  all,  the 
last  is  the  only  article  of  any  importance  to  the  public. 

I  do  not  wonder  at  the  unremitted  rancour  with  which 
the  Duke  of  Bedford  and  his  adherents  invariably  speak 
of  a  nation  which  we  well  know  has  been  too  much  in- 
jured to  be  easily  forgiven.  But  why  must  Junius  be  an 
Irishman  ? — "  The  absurdity  of  his  writings  betrays  him, 
— Waving  all  consideration  of  the  insult  oftered  by  Mo- 
idestus  to  the  declared  judgment  of  the  people  (they  may 
well  bear  this  among  the  rest),  let  us  follow  the  several 
instances,   and  try  whether  the  charge  be  fairly  supported. 

Lirst  then — The  leaving  a  man  to  enjoy  such  repose  as 
jbe  can  find  upon  a  bed  of  torture,  is  severe  indeed  ;  per- 
ihaps  too  much  so,  when  applied  to  such  a  trifler  as  Sir 
jWilliam  Draper ;  but  there  is  nothing  absurd  either  in 
Ithe  idea  or  expression.  Modestus  cannot  distinguish  be- 
jtween  a  sarcasm  and  a  contradiction. 

2.  I  afiirm  with  Junius,  that  it  is  the  frequency  of  the 
llact,  which  alone  can  make  us  comprehend  hov;  a  man 
can  be  his  own  enemy.  We  should  never  arrive  at  the 
complex  idea  conveyed  by  those  words,  if  we  had  only 
seen  one  or  two  instances  of  a  man  acting  to  his  own 
prejudice.  Offer  the  proposition  to  a  child,  or  a  man  un- 
used to  compound  his  ideas,  and  you  will  soon  see  how 
little  either  of  them  understand  you.  It  is  not  a  simple 
idea,  arising  from  a  single  fact ;  but  a  very  complex  idea, 
arising  from  many  facts,  well  observed  and  accurately 
compared. 

3.  Modestus  could  not,  without  great  affectation,  mic  ■ 
;ake  the  meaning  of  Junius,  when  he  speaks  of  a  man 
ivho  is  the  bitterest  enemy  of  tiis  friends.  He  could  net 
^ut  know,  that  Junius  spoke,  not  of  a  false  or  hollow  friend- 
ship, but  of  a  real  intention  to  serve,  and  that  intention 
producing  the  worst  effects  of  enmity.  Whether  the  dc- 
L^cription  be  strictly  applicable  to  Sir  William  Draper,  is 
mother   question.      Junius  does  not  say  that  it  is  more 

riminal  for  a  man  to  be  the  enemy  of  his  friends  than 
lis  own,  though  he  might  have  affirmed  it  with 
ruth.     In  a  moral  light,  a  man  may  certainly  take  f^reat*:: 


>  himself  than  with   another.      To  sacrrfic^ 

.arselves  merely,  is  a  weakness  we  may  indulge  in,  if  we 
:aink  proper ;    for  we  do  it  at  our  own   hazard  and  ex- 
pence  ;    but   under  the   pretence  of    friendship,   to   sport ' 
with  the    reputation,   or  sacrifice  the    honour  of  another, 
is   something  worse  than  weakness ;    and  if,   in  favour  of 
the  foolish  intention,   v/e  do  not  call  it  a  crime,  we  must 
allow  at  least  that  it  arises   from  an  overweening,  busy,, 
'iieddling  impudence. — Junius  says  only,  and  he  says   tru- 
;•-,  that  it  is  more  extraordmary,  that  it  involves  a  great- 
er contradiction,   than  the   other;   and  is  it  not   a  maxim 
eceived  in   life,   that  in  general  we  can   determine  more 
isely  for  others  than  for  ourselves?    The  reason  of  it  is 
-)  clear  in  argument,  that  it  hardly  wants,  the  confirma- 
\on  of  experience.      Sir  William  Draper,  I  confess,  is  aM 
Kception  to  the   general  rule,   though  not  much   to  his 
rcdit. 

4.  If  this  gentleman  will  go  back  to  his  ethicks,  he 
nay   perhaps  discover  the  truth  of  what  Junius  says,  that 

^  outward  tyranny   can  reach   the  mind.      The  tortures 

"  the  body  may  be  introduced  by  way  of  ornament  or 
lustration  to  represent  those  of  the  mind,  but  strictly 
icre  is  no  similitude  between  them.      They  are  totally 

iTerent  both  in  their  cause  and  operation.  The  wretch' 
'  ho   suffers  upon  the  rack,  is  merely  passive ;    but  when 

^•    mind   is  tortured,   it   is  not  at  the  command  of  ar.y 
:.rd  power.     It  is  the  sense  of  guilt  which  constitutes 
le  punishment,   and  creates  that  torture  with  which  the 
uilty  mind  acts  upon  itself. 

5.  He  misquotes  what  Junius  says  of  conscience;  and 
"rr;akes  the  sentence  ridiculous,  by  making  it  his  own. 

So  much  for  composition.  Now  for  fact. — Junius,  it 
-eeras,  has  mistaken  the  Duke  of  Bedford.  His  Grace 
:  ad  all  the  proper  feelings  of  a  father,  though  he  took 
•- :'.re  to  suppress  the  appearance  of  them.  Yet  it  was  an 
cccusion,  one  would  think?  on  which  he  need  not  have 
t>een  ashamed  of  his  grief;  on  which  less  fortitude  would 
•  ave  done  him  more  honour.  I  can  conceive  indeed  a 
r-enevolent  motive  for  his  endertvouring  to  assume  aii  air 
ot  tranquillity  in  his  own  family;  and  I  v/ish  I  could  dis- 
cover any  thing,  in  the  rest  of  his  character,  to  justify 
Tc^y  as  ••*r>-ninn:  that  motive  to  his  behaviour.      But  is  thcr^ 


no  medium  ?  Was  it  necessary  to  appear  abroad,  to  ballo*^ 
at  the  India-bouse,  and  make  a  public  display,  though  i^ 
were  only  of  an  apparent  insensibility  ? — I  know  we  are 
treading  on  tender  ground,  and  Junius,  I  am  convinced, 
does  not  wish  to  argue  this  question  farther.  Let  the 
friends  of  the  Duke  of  Bedford  observe  that  humble  si- 
lence wliich  becomes  their  situation.  They  should  recol- 
lect that  there  are  still  some  fucts  in  store,  at  which  hu- 
man nature  would  shudder.  1  shall  be  understood  by  those 
whom  it  concerns,  when  I  say  that  these  facts  go  farther 
than  to  the  Duke^. 

It  is  not  inconsistent  to  suppose  that  a  man  may  be 
quite  indifferent  about  one  part  of  a  charge,  yet  severe- 
ly stung  with  another ;  and  though  he  feels  no  remorse^ 
that  he  may  wish  to  be  revenged.  The  charge  of  insen- 
sibility carries  a  reproach  indeed,  but  no  danger  with  it. 
— Junius  had  said,  "  there  are  others  who  would  assassi- 
'*  nate."  Modestus,  knowing  his  man,  will  not  suffer  the 
insinuation  to  be  divided,  but  fixes  it  all  upon  the  Duke  of 
Bedford. 

Without  determining  upon  what  evidence  Junius  would 
choose  to  be  condemned,  I  will  venture  to  maintain,  in 
opposition  to  Modestus,  or  to  Mr.  Rigby  (who  is  certain- 
ly not  Modestus),  or  any  other  of  the  Bloomsberry  gang, 
that  the  evidence  against  the  Duke  of  Bedford  is  as  strong 
as  any  presumptive  evidence  can  be.  It  depends  upon  a 
combination  of  facts  and  reasoning,  which  require  no 
confirmation  from  the  anecdote  of  the  Duke  of  Marlbo- 
rough. This  anecdote  was  referred  to  merely  to  show 
how  ready  a  great  man  may  be  to  receive  a  great  bribe ; 
and  if  Modestus  could  read  the  original,  he  would  see 
that  the  expression,  "  only  not  accepted,'  was  probably  the 
only  one  in  our  language  that  exactly  fitted  the  case. 
The  bribe  offered  to  the  Duke  of  Marlborough  w^as  not- 
refused. 

I  cannot  conclude  without  taking  notice  of  this  honest 
gentleman's  learning,  and  wishing  he  had  given  us  a  little 
more  of  it.  When  he  accidentally  found  himself  so  near 
speaking  truth,  it  w^as  rather  unfair  of  him  to  leave  out 
the  ncn  fiotuisse  refelli.  As  it  stands,  the  pudet  hac  opfirC" 
bria  may  be  divided  equally  between  Mr.  Rigby  and  the 
Duke  of  Be4|prd.     Mr.  Rigby,  I   take  for  granted,  ^vill 


assert  bis  natural  right  to  the  modestr  of  the  quotation, 
and  leave  all  the  opprobrium  to  his  Grace. 

Philo  Junius. 


LETTER  XXX. 


TO    THE    PRINTER    OF    THE    PUBLIC    ADVERTISER. 

SIR,  Oct.  ir.  1769. 

It  is  not  wonderful  that  the  great  cause  in 
which  this  country  is  engaged  should  have  roused  and  en- 
grossed the  whole  attention  of  the  people.  I  rather  admire 
the  generous  spirit  with  which  they  feel  and  assert  their 
interest  in  this  important  question,  than  blame  them  for 
their  indifference  about  any  other.  When  the  constitution 
is  openly  invaded,  when  the  first  original  right  of  the  peo- 
ple, from  which  all  laws  derive  their  authority,  is  directly 
attacked,  inferior  grievances  naturally  lose  their  force, 
and  are  suffered  to  pass  by  without  punishment  or  obser- 
vation. The  present  ministry  are  as  singularly  marked 
by  their  fortune  as  by  their  crimes.  Instead  of  atoning 
for  their  former  conduct  by  any  wise  or  popular  measure^ 
they  ha\e  found,  in  the  enormity  of  one  fact,  a  cover 
and  defence  for  a  seiies  of  measures,  wiiich  must  have 
been  fatal  to  any  other  administration.  I  fear  we  are  too 
remiss  in  observing  the  whole  of  their  proceedings.  Struck 
with  the  principal  figure,  we  do  not  sufficiently  mark  in 
what  manner  the  canvass  is  filled  up.  Yet  surely  it  is 
not  a  less  crime,  nor  less  fatal  in  its  consequences,  to  en- 
courage a  flagrant  breach  of  the  law  by  a  military  force^ 
than  to  make  use  of  the  forms  of  parliament  to  destroy 
the  constitution.  The  ministry  seem  determined  to  give 
us  a  choice  of  difficulties,  and,  if  possible,  to  perplex  us 
with  the  multitude  of  their  offences.  The  expedient  is 
"worthy  of  the  Duke  of  Grafton.  But  though  he  has 
preserved  a  gradation  and  variety  in  his  measures,  we 
should  remember  that  the  principle  is  uniform.  Dictated 
by  the  same  spirit,  they  deserve  the  same  attention.  The 
f  ilov/in^;:  fact,  though  of  the  most  alarming  nature,  has 
not  y':t  been  clearly  stated  to  tiie  public  ;  nor  have  the 
consequences  of  it  been  sufficiently  understood.  Had  I 
taken  it  up  at  an  earlier  period,  I  should  have  been  accused 


iif 

of  an  uncandid,  malignant  precipitation,  as  if  I  watched 
for  an  unfair  advantage  against  the  ministry,  and  would  not 
allow  thern  a  reasonable  time  to  do  their  duty.  They 
now  stand  without  excuse.  Instead  of  employing  the 
leisure  they  have  had  in  a  strict  examination  of  the  of- 
fence, and  punishing  the  offenders,  they  seem  to  have 
considered  that  indulgence  as  a  seciirity  to  them  ;  that<^ 
with  a  little  time  and  management,  the  whole  affair 
might  be  buried  in  silence,  and  utterly  forgotten. 

A  Tnaj or- general '''  of  the  army  is  arrested  by  the  she.* 
biff's  ofRcers  for  a  considerable  debt.  He  persuades  them 
to  conduct  him  to  the  Tilt-yard  in  St.  James's  Park,  un- 
der some  pretence  of  business,  which  it  imported  him  to 
settle  before  he  was  confined.  He  applies  to  a  serjeant, 
not  immediately  on  duty,  to  assist  with  some  of  his  com- 
panions in  favouring  his  escape.  He  attempts  it.  A 
bustle  ensues.  The  bailiffs  claim  their  prisoner.  An  of- 
ficer of  the  guards,  "^  not  then  on  duty,  takes  part  in  the 
affair,  applies  to  the  lieutenant  *  commanding  the  Tilt- 
yard  guard,  And  urges  him  to  turn  out  his  guard  to  re- 
lieve a  general  officer.  The  lieutenant  declines  interfering 
in  person  ;  but  stands  at  a  distance,  and  suffers  the  busi- 
ness to  be  done.  The  ofRcer  takes  upon  himself  to  order 
out  the  guard.  In  a  moment  they  are  in  arms,  quit  their 
guard,  march,  rescue  the  general,  and  drive  away  the 
sheriff's  officers  ;  who  in  vain  represent  their  right  to 
the  prisoner,  and  the  nature  of  the  arrest.  The  soldiers 
first  conduct  the  general  into  the  guard-room  ;  then 
escort  him  to  a  place  of  safety,  with  bayonets  fixed,  and 
in  all  the  forms  of  military  triumph.  I  will  not  enlarge 
upon  the  various  circumstances  which  attended  this  atro- 
cious proceeding.  Th«  personal  injury  received  by  the 
ofliccrs  of  the  law  in  the  execution  of  their  duty,  may 
perhaps  be  atoned  for  by  some  private  compensation.  I 
consider  nothing  but  the  wound  which  has  been  given  to 
the  law  itself,  to  which  no  remedy  has  been  applied,  no 
satisfaction  made.  Neither  is  it  my  design  to  dwell  upon 
the  misconduct  of  the  parties  concerned,  any  farther  than 
is  necessary  to  show  the  behaviour  of  the  ministry  in  its. 
true  light.  I  would  make  every  compassionate  allowance 
for  the  infatuation  of  the  prisoner,  the  false  and  criminal 
discretion  of  one  officer,  and  the  madness  of  another.     1 


would  leave  the  ignorint  soldiers  entirely  out  of  the  ques- 
tion. They  are  cert.:  :  ^  the  least  guilty,  though  they 
are  the  only  persons  ^vhc  riave  yet  sulfered,  even  in  the 
appearance  of  punisa-ricnL^'.  rhe  fact  itself,  however 
atrocious,  is  not  the  principal  point  to  be  considered.  It 
might  have  happened  uriJer  a  more  regular  government, 
and  with  guards  better  disciplined  than  ours.  The  main 
question  is,  In  what  manner  have  the  ministry  acted  on 
this  extraordinary  occasion  ?  A  general  officer  calls  upon 
the  King's  own  guard,  then  actually  on  duty,  to  rescue 
him  from  the  laws  of  his  country  ;  y;  t  at  this  moment 
he  is  in  a  situation  no  worse,  than  if  he  had  not  commit- 
ted an  offence,  equally  enormous  in  a  civil  and  military 
view. — A  lieutenant  upon  duty  designedly  quits  his  guard, 
and  suffers  it  to  be  drawn  out  by  another  officer,  for  a 
purpose  which  he  v/ell  knev/  (as  we  may  collect  from  an 
appearance  of  caution,  which  only  makes  his  behaviour 
the  more  criminal)  to  be  in  the  highest  degree  illegal. 
Has  this  gentleman  been  called  to  a  court-martial  to  an- 
swer for  his  conduct  ?  No.  Has  it  been  censured  ?  No. 
Has  it  been  in  any  shape  inquired  into  ?  No. — Another 
lieutenant,  not  upon  duty,  nor  even  in  his  tegimentals, 
is  daring  enough  to  order  out  the  King's  guard,  over 
which  he  had  properly  no  command,  and  engages  them 
in  a  violation  of  the  laws  of  his  country,  perhaps  the 
most  singular  and  extravagant  that  ever  was  attempted. — 
What  punishment  has  he  suffered  ?  Literary  none.  Sup- 
posing he  should  be  prosecuted  at  common  law  for  the 
rescue,  will  that  circumstance,  from  which  the  ministry 
can  derive  no  merit,  excuse  or  justify  their  suffering  so 
flagrant  a  breach  of  military  discipline  to  pass  by  unpun- 
ished and  unnoticed  ?  Are  they  aware  of  the  outrage 
offered  to  their  Sovereign,  when  his  own  proper  guard  is 
ordered  out  to  stop  by  main  force  the  execution  of  his 
laws  ?  What  are  we  to  conclude  from  so  scandalous  a 
neglect  of  their  duty,  but  that  they  have  other  views 
whicli  can  only  be  answered  by  securing  the  attachment 
of  the  guards  I  The  minister  would  hardly  be  so  cautious 
of  offending  them,  if  he  did  not  mean,  in  due  time,  to  call 
for  their  assistance.  ^ 

With  respect  to  the  parties  themselves,  let  it  be  ob- 
served, that  these  gentlemen  are  n.either  young  officers. 


119 

noF  very  young  men.  Had  they  belonged  to  the  un- 
fledged  race  of  ensigns,  who  infest  our  streets,  and  dis- 
honour our  public  places,  it  might  perhaps  be  suflicient 
to  send  them  back  to  that  discipline  from  which  their  pa« 
rents,  judging  lightly,  from  the  maturity  of  their  vices, 
had  removed  them  too  soon.  In  this  case,  I  am  sorry  to 
see,  not  so  much  the  folly  of  youth,  as  the  spirit  of  the 
corps,  and  the  connivance  of  government.  I  do  not 
question  that  there  are  many  brave  and  worthy  officers  in 
the  regiment  of  o.uards.  But  considering  them  as  a  corps,  I 
fear  it  will  be  found  that  they  are  neither  p:ood  soldiers 
nor  good  subjects.  Far  be  it  from  nie  to  insinuate  the 
most  distant  reflection  upon  the  army.  On  the  contrary, 
I  honour  and  esteem  the  profession;  and  if  these  gentle- 
men were  better  soldiers,  I  am  sure  they  would  be  better 
subjects.  It  is  not  that  there  is  any  internal  vice  or  de- 
fect in  the  profession  itself,  as  regulated  in  this  country, 
but  that  it  is  the  spirit  of  this  particular  corps  to  despise 
their  profession ;  and  that,  while  they  vainly  assume  the 
lead  of  the  army,  they  make  it  matter  of  impertinent 
comparison,  and  triumph  over  the  bravest  troops  in  the 
world  (I  mean  our  marching  regiments),  that  they  indeed 
stand  upon  higher  ground,  and  are  priviledged  to  neglect 
the  laboriovis  forms  of  military  discipline  and  duty.  With- 
out dwelling  longer  upon  a  most  invidious  subject,  I  shall 
leave  it  to  military  men,  who  have  seen  a  service  more 
active  than  the  parade,  to  determine  whether  or  no  I  speak 
truth. 

How  far  this  dangerous  spirit  has  been  encouraged  by 
government,  and  to  what  pernicious  purposes  it  may  be 
applied  hereafter,  well  deserves  our  most  serious  consider- 
ation. I  know,  indeed,  that  when  this  affair  happened, 
an  affectation  of  alarm  ran  through  the  ministry.  Some- 
thing must  be  done  to  save  appearances.  The  case  was 
too  flagrant  to  be  passed  by  absolutely  without  notice. 
But  how  have  they  acted  ?  Instead  of  ordering  the  of- 
ficers concerned  (and  who,  strictly  speaking,  are  alone 
;  guilty)  to  be  put  under  arrest,  and  brought  to  trial,  they 
would  have  it  understood  that  they  did  their  duty  com- 
pletely, in  confining  a  serjeant  and  four  private  soldiers, 
until  they  should  be  demanded  by  the  civil  power;  so 
that    while    the   officers   who    ordered   or   permitted    the 


120 

thing  to  be  done,  escaped  without  censure,  the  poof 
men  who  obeyed  these  orders^  who  ,  in  a  military  view, 
are  no  way  responsible  for  what  they  did,  and  who  for  that 
reason  have  been  discharged  by  the  civil  magistrates,  are 
the  only  objects  whom  the  ministry  have  thought  proper  to 
expose  to  punishment.  They  did  not  venture  to  bring 
even  these  men  to  a  court-martial,  because  they  knew  their 
evidence  would  be  fatal  to  some  persons  whom  they  were 
determined  to  protect.  Otherwise,  I  doubt  not,  the  lives 
of  these  unhappy  friendless  soldiers  would  long  since  have 
been  sacrificed  without  scruple  to  the  security  of  their 
guilty  officers. 

I  have  been  accused  of  endeavouring  to  inflame  the  pas- 
sions of  the  people. — Let  me  now  appeal  to  their  under- 
standing. If  there  be  any  tool  of  administration  daring 
enough  to  deny  these  facts,  or  shameless  enough  to  defend 
the  conduct  of  the  ministry,  let  him  come  forward.  I  care 
not  under  what  title  he  appears.  He  shall  find  me  ready  to 
maintain  the  truth  of  my  narrative,  and  the  justice  of  my 
observations  upon  it^  at  the  hazard  of  my  utmost  credit  with 
the  public. 

Under  the  most  arbitrary  governments,  the  common 
administration  of  justice  is  sufi'ered  to  take  its  course.  The 
subject,  though  robbed  of  his  share  in  the  legislature,  is 
still  protected  by  the  laws.  The  political  freedom  of  the 
English  constitution  was  once  the  pride  and  honour  of  an 
Englishrman.  The  civil  equality  of  the  laws  preserved  the 
property,  and  defended  the  safety  of  the  subject.  Are 
these  glorious  privileges  the  birthright  of  the  people  ;  or 
are  we  only  tenants  at  the  will  of  the  ministry  ? — But 
that  1  know  there  is  a  spirit  of  resistance  in  the  hearts  of 
my  countrymen ;  that  they  value  life,  not  by  its  conve- 
niencies,  but  by  the  independence  and  dignity  of  their 
condition  ;  I  should,  at  this  moment,  appeal  only  to  their 
discretion,  I  should  persuade  them  to  bani&h  from  their 
minds  all  memory  of  what  we  were ;  I  siiould  tell  them 
this  is  not  a  time  to  remember  that  we  were  Englishmen ; 
and  give  it  as  my  last  advice,  to  make  some  early  agree- 
m.ent  with  the  minister,  tirau  since  ii  has  pleased  him  to 
rob  us  of  those  political  rights  whicn  once  distinguished 
the  inhabitants  of  a  country  v^  c^rc  honour  was  happiness, 
ho  would  leave  us  at  least  the  humble  obedient  security 


12  L 

of  citizens,  and  graciously  condescend  to  protect  us  in  ou- 
-nbmission- 

JUNIUS, 


LETTER  XXXL 


TO    THE    PRINTER     OF    THE    PUBLIC    ADVERTISER. 

.:r,  Nov.  14.  1769. 

The  variety  of  remarks  v/hich  liave  been  made 
upon  the  last  letter  of  Junius,  and  my  own  opinion  of  the 
writer,  who  whatever  may  be  his  faults,  is  certainly  not 
a  weak  man,  have  induced  me  to  examine,  with  some 
attention,  the  subject  of  that  letter.  I  could  not  persuade 
myself,  that,  while  he  had  plenty  of  important  materials, 
he  would  have  taken  up  a  light  or  trifling  occasion  to  at- 
tack  the  ministry ;  much  less  could  I  conceive  that  it  was 
his  intention  to  ruin  the  ofhcers  concerned  in  the  rescue 
of  General  Gansel,  or  to  injure  the  General  himself. 
These  are  little  objects,  and  can  no  way  contribute  to  the 
great  purposes  he  seems  to  have  in  view,  by  addressing 
himself  to  the  public. — Without  considering  the  orna- 
mented style  he  has  adopted,  I  determined  to  look  farther 
into  the  matter,  before  I  decided  upon  the  merits  of  his 
letter.  The  first  step  I  took,  was  to  inquire  into  the 
truth  of  the  facts ;  for  if  these  were  either  false  or  mis- 
represented, the  most  artful  exertion  of  his  understand- 
ing, in  reasoning  upon  them,  would  only  be  a  disgrace  to 
him. — Now  Sir,  I  have  found  every  circumstance  stated 
by  Junius  to  be  literally  true.  General  Gansel  persuaded 
the  bailiffs  to  conduct  him  to  the  parade,  and  certainly 
solicited  a  corporal  and  other  soldiers  to  assist  him  in 
making  his  escape.  Captain  Dodd  did  certainly  apply  to 
Captain  Garth  for  the  assistance  of  his  guard.  Captain 
Garth  declined  appearing  himself;  but  stood  aloof,  v/hile 
the  other  took  upon  him  to  order  out  the  King's  Guard 
and  by  main  force  rescued  the  General,  It  is  also  strictly 
true,  that  the  General  was  escorted  by  a  file  of  mus- 
queteers  to  a  place  of  security. — These  are  facts,  Mr, 
Woodfall,  which  I  promie  you  no  gentleman  in  the 
guards  will  deny.  If  all  or  any  of  them  are  false,  why 
are  they  not  contradicted  by  the  parties  themselves?  Hov,- 


122 

ever  secure  against  military  censure,  they  have  yet  a  cha- 
racter to  lose  ;  and  surely,  il  they  are  innocent,  it  is  not 
beneath  thern  to  pay  some  attention  to  the  opinion  of  the 
public. 

The  force  of  Junius's  observations  upon  these  facts, 
cannot  be  better  marked,  than  by  stating  and  refutiix§ 
the  objections  which  have  been  made  to  them.  One  wri- 
ter says,  "  Admitting  the  officers  have  ofl'ended,  they 
'^  are  punishable  at  common  law  ;  and  will  you  have  a 
^'  British  subject  punished  tvvice  for  the  same  offence  ?" 
—.1  answer,  that  they  have  committed  two  offences,  both 
very  enormous,  and  violated  two  laws.  The  rescue  is  one 
offence,  the  flagrant  breach  of  discipline  another ;  and 
hitherto  it  does  not  appear  that  they  have  been  punished, 
or  even  censured  for  either.  Another  gentleman  lays 
irmch  stress  upon  the  calamity  of  the  case  ;  and  instead 
of  disproving  facts,  appeals  at  once  to  the  compassion  of 
the  public.  This  idea,  as  well  as  the  insinuation  that 
"  depriving  the  parties  of  their  commissons  would  be 
^*  an  injury  to  their  creditors,''  can  only  refer  to  Gene- 
ral Gansei.  The  other  officers  are  in  no  distress,  there- 
fore have  no  claim  to  compassion  ;  nor  does  it  appear  that 
their  creditors,  if  they  have  any,  are  more  likely  to  be 
satisfied  by  their  continuing  in  the  guards.  But  this  sort 
of  plea  Will  not  hold  in  any  shape.  Compassion  to  an  offend- 
er, Y/ho  has  grossly  violated  the  laws,  is  in  eiiect  a  cruelty 
to  the  peaceable  subject  who  has  observed  them  ;  and, 
even  admitting  the  force  of  any  alleviating  circumstance,  it 
is  nevertheless  true,  that,  in  this  instance,  tlie  royal  com- 
passion has  interposed  too  soon.  The  legal  and  proper 
mercy  of  a  King  of  England  may  remit  the  punishment, 
but  ought  not  to  stop  the  trial. 

Besides  these  particular  objection*,,  there  has  been  a 
cry  raised  against  Junius  for  his  malice  and  injustice  in 
attacking  the  ministry  upon  an  event  which  they  could 
neither  hinder  nor  foresee  This,  I  must  affirm,  is  a  false 
representation  of  his  argument.  He  lays  no  stress  upon 
the  event  itself,  as  a  ground  of  accusation  against  the 
ministry,  but  dwells  entirely  upon  their  subsequent  con- 
duct. He  does  not  say  that  they  are  answerable  for  the .? 
offence ;  but  for  the  scandalous  neglect  of  their  duty, 
in  suffering  an  offence  so  flagrant  to  pass  by  without  no- 


123 

lice  or  inquiry.  Supposing  them  ever  so  regardless  of 
what  they  owe  to  the  public  and  as  indifferent  about  the 
opinion  as  they  are  about  the  interests  of  their  country, 
what  answer,  as  officers  of  the  crown,  will  they  give  to 
Junius,  when  he  asks  them,  "  Are  they  aware  of  the 
^^  outrage  offered  to  their  sovereign,  when  his  own  pro- 
'-  per  guard  is  ordered  cut  to  stop  by  main  force  the  exe- 
*'  cution  of  his  laws  ? — And  when  we  see  a  ministry 
giving  such  a  strange  unaccountable  protection  to  the 
ofBcers  of  the  guards,  is  it  unfair  to  suspect  that  they 
have  some  secret  and  unwarrantable  motives  for  their 
conduct?  If  they  feel  themselves  injured  by  such  a  sus- 
picion, why  do  they  not  immediately  clear  themselves 
from  it,  by  doing  their  duty?  For  the  honour  of  the 
guards,  I  cannot  help  expressing  another  suspicion,  that, 
if  the  commanding  oflicer  had  not  received  a  secret  in- 
junction to  the  contrary,  he  would,  in  the  ordinary  course 
of  his  business,  have  applied  for  a  court-martial  to  try 
the  two  subalterns;  the  one  for  quitting  his  guard;  the 
other  for  taking  upon  him  the  command  of  the  guard> 
and  employing  it  in  the  manner  he  did.  I  do  not  mean 
to  enter  into,  or  defend  the  severity  with  which  Junius 
treats  the  guards.  On  the  contrary,  I  will  suppose,  for 
a  m.oment,  that  they  deserve  a  very  different  character. 
If  this  be  true,  in  what  light  will  they  consider  the  con- 
duct of  two  subalterns,  but  as  a  general  reproach  and 
xUsgrace  to  the  whole  corps?  And  will  they  not  wish  to 
see  them  censured  in  a  military  way,  if  it  v/ere  only  for  the 
credit  and  discipline  of  the  regimetlt? 

Upon  the  Vvhole,  Sir,  the  ministry  seem  to  me  to  have 
taken  a  very  improper  advantage  of  the  good  nature  oi 
the  public,   whose  humanity,  they  found,  considered  no- 
thing in  this  affair  but  the  distress  of  General   Gtmsel. 
They  would  persuade  us  that  it  was  only  a  common  res- 
cue by  a  few  disorderly  soldiers,  and  not  the  formal  deli  - 
berate  act   of  the   King's   guard,   headed   by   an    ofTicer  - 
and   the  public  has   fallen  into  the   deception.       I  thin]: 
therefore,  we  are  obliged  to  Junius   for  the  care  he  hi- 
taken  to  inquire  into  the  facts,  and  for  the  just  commen 
tary  with  which  he  has  given  them  to  the  Avorld. — Fo 
my  own  part,  I  am  as  unwilling  as  any  man  to  load  th 
unfo-?tunate ;    but  really.  Sir,  the   precedent  with  rcspec 


li^4 

to  the  guards^  is  of  a  most  important  nature,  and  alarming 
-nougli  (considering'  the  consequences  with  which  It  ma' 
-e  attended)  to  deserve  a  parliamentary  inquiry  ;  when  tl. 
jr-iarc'S  are  darinp;  enough,  not  only  to  violate  their  own 
luscipiine,  but  publicly,  and  with  the  most  atrocious  vio- 
lence, to  ttop  the  execution  of  the  laws,  and  when  such 
extraordinary  offences  pass  with  impunity,  believe  me,  Sir, 
the  precedent  strikes  deep. 

Philo  Junius. 


LETTER  XXXII. 

TO    THE    PRINTf.R    OF   THE    PUBLIC   ADVERTISER. 

'^IR  Nov.  15.  1769. 

I  ADMIT  the  claim  of  a  gentleman  who  pub- 
i-shcs  in  the  Gazetteer  under  the  name  of  Modestus.  He 
has  some  right  to  expect  an  ansv/er  from  me  ;  though,  I 
think,  not  so  much  from  the  merit  or  importance  of  his 
objections,  as  from  my  own  voluntary  engagement.  I  had 
a  reason  for  not  taking  notice  of  him  sooner,  which,  as  he 
is  a  candid  p>erson,  I  believe  he  will  think  sufficient.  In 
my  first  letter,  I  took  for  granted,  from  the  time  which 
had  elapsed,  that  there  was  no  intention  to  censure,  nor 
'i\cv\  to  try,  the  persons  concerned  in  the  rescue  of  Gene- 
ral Gan;:cl ;  but  Modestus  having  since  either  afQrmed,  or 
..trongiy  insinuated,  that  the  offenders  might  still  be  brought 
*o  a  legal  trial,  any  attempt  to  prejudice  the  cause,  or  to 
prejudice  the  minds  of  a  jury  or  a  court-martial,  would  be 
niighly  improper. 

A  man,  more  hostile  to  the  ministry  than  I  am,  would 
liOt  so  often  remind  them  of  their  duty.  If  the  Duke  of 
Grafton  vvill  not  perform  the  duty  of  his  station,  why  is 
fie  minister? — I  will  not  descend  to  a  scurrilous  altercation 
with  any  man  ;  but  this  is  a  subject  too  important  to  be 
:>assed  over  with  silent  indifference.  If  the  gentlemen, 
/hose  conduct  is  in  question,  are  not  brought  to  a  trial, 
the  Duke  of  Grafton  shall  hear  from  me  again. 

The  motives  on  which  I  am  supposed  to  have  taken  up 
-his  cause,  are  of  little  importance,  compared  with  the 
lacts  themselves,  and  the  observations  I  have  made  upoiv 
them.     Without  a  vain  profession  of  integrity,  which  in,- 


125 


these  times  might  justly  be  suspected,  I  shall  show  iny^cii 
in  effect  a  friend  to  the  interests  of  my  countrymen,  aiKi 
leave  it  to  them  to  determine,  whether  I  am  moved  by  a 
personal  malevolence  to  three  private  gentlemen,  or  merely 
by  a  hope  of  perplexing  the  ministry ;  or  whether  I  ant 
animated  by  a  just  and  honourable  purpose  of  obtaining  u 
satisfaction  to  the  laws  of  this  coimtry,  equal,  if  possible, 
to  the  violation  they  have  sufiered. 


LETTER  XXXIII. 


TO  HIS   GRACE  THE  DUKE  OF  GU AFTON. 

MY  LORD,  Nov.  29.  17(59; 

TiiouGK  my  opinion  of  your  Grace's  integrity 
was  but  little  affected  by  the  coyness  with  v  hich  you  re- 
ceived Mr.  Vaughan's  proposals,  I  confess  I  give  you  some 
credit  for  your  discretion.  You  had  a  fair  opportunity  of 
displaying  a  certain  delicacy,  of  which  you  had  not  been 
suspected;  and  you  were  in  the  right  to  make  use  of  it. 
By  laying  in  a  moderate  stock  of  reputation,  you  un- 
doubtedly meant  to  provide  for  the  future  necessities  of 
your  character,  that,  with  an  honourable  resistance  upon 
record,  you  inay  safely  indulge  your  genius,  and  yield  to 
a  favourite  inclination  with  security.  But  you  have  dis- 
covered your  purposes  too  soon  ;  and,  instead  of  the  mo- 
dest reserve  6f  virtue,  have  shown  us  the  termagant  chas- 
tity of  a  prude,  who  gratifies  her  passions  with  distinction, 
and  prosecutes  one  lover  for  a  rape,  while  she  solicits  ^;he 
rude  embraces  of  another. 

Your  cheek  turns  pale  ;.  for  a  guilty  conscience  tells 
foil,  you  are  vmdone. — Come  forward,  thou  virtuous  mi- 
nister, and  tell  the  world  by  what  intcicst  Mr.  Hine  has 
been  recommended  to  so  extraordinary  a  mark  of  his  Ma- 
jesty's favour ;  what  was  the  price  of  the  patent  he  has 
bought,  ai:d  to  what  honourable  purpose  the  purchase- 
money  has  been  applied.  Nothing  less  than  many  thou- 
sands could  pay  Colonel  Burgoyne's  expences  at  Preston.. 
Do  you  dare  to  prosecute  such  a  creature  as  Vaughan, 
while  you  are  basely  setting  up  the  Royal  Patronage  to 
auction  ?   Do  you  dare  to  complain  of  an  attack  upon  your 


i:4;b 


own  honour,  wluiv;  ycu  are  selling  the  favours  of  the  Crown, 
to  raise  a  fund  for  corrupting  the  morals  of  the  people  ? 
And,  do  you  think  it  is  possible  such  enormities  should 
escape  without  impeachment?  It  is  indeed  highly  your 
Interest  to  maintain  the  present  House  of  Commons. 
Having  sold  the  nation  to  you  in  gross,  they  will  undoubt- 
edly protect  you  in  the  detail ;  for  while  they  patronize 
vour  crimes,  they  feel  for  their  own. 

Junius, 


LETTER  XXXIV  ^ 


TO  HIS  GRACK  THE  DUKE  OF  GRAFTON. 

MY  LORD,  Dec.  12.  1769 

I  FIND  with  some  surprise,  that  you  are  not  sup- 
ported as  you  deserve.  Your  most  determined  advocates 
have  scruples  about  them,  which  you  are  unacquainted 
%yith  ;  and  though  there  be  nothing  too  hazardous  for  your 
(jrace  to  engage  in,  there  are  somethings  too  infamous  for 
the  vilest  pro'jtitute  of  a  newspaper  to  defend  a.  In  what 
other  manner  shall  we  account  for  the  profound,  submissive 
silence,  which  you  and  your  friends  have  observed  upon  a 
-charge,  which  called  immediately  for  the  clearest  refuta- 
tion, and  would  have  justiiied  the  severest  measures  of  re- 
sentment? I  did  not  attempt  :o  blast  your  character  by  an 
Indirect,  ambiguous  insinuation;  but  candidly  stated  to 
you  a  plain  fact,  w  Inch  struck  directly  at  the  integrity  of 
a  privy  counsellor,  of  a  first  commissioner  of  .the  treasury, 
and  of  a  leading  minister,  who  is  supposed  to  enjoy  the 
first  share  in  his  Majesty  s  conRdence  ^.  In  every  one  oi 
these  capacities,  I  employed  the  most  moderate  terms  to 
charge  you  with  treachery  to  your  sovereign,  and  breach  of 
trust  in  your  ofBce.  I  accused  you  of  having  sold  a  patent 
place  in  the  collection  of  the  customs  at  E:.:eter,  to  one 
Mr.  Hine;  who,  unable  or  unwillinp;  to  deposit  the  whole 
purchase  money  himself,  raised  part  of  it  by  contribution, 
«i.Bd  has  novi  a  certain  Doctor  Brook  quartered  upon  the 
salary  for  one  hundred  pounds  a-year. — No  sale  by  the 
candle  was  ever  conducted  with  greater  formality. — I  af* 
firm,  that  the  price  at  which  the  ph\ce  was  knocked  down 
land  whichj  I  have  good  reason  to  think,  M^as  not  less  tl  ;:i 


three  thousand  live  huadred  pounds),  was,  'vvith  your  con- 
nivance and  consent,  paid  to  Colonel  Burgoyne,  to  reward 
him,  I  presume,  for  the  decency  of  his  deportment  at  Pres- 
ton ;  or  to  reimburse  him,  perhaps,  for  the  fine  of  one 
thousand  pounds,  which,  for  that  very  deportment,  the 
court  of  King's  Bench  thought  proper  to  set  upon  him. — 
It  is  not  often  that  the  chief  justice  and  the  prime  minister 
are  so  strangely  at  variance  in  their  ophuons  of  men  and 
things, 

I  thank  God,  there  is  not  in  human  nature  a  degree  of 
impudence  danng  enough  to  deny  the  charge  I  have  fixed 
upon  you.  Your  courteous  secretary  ^,  your  confidential 
architect ''^  are  silent  as  the  grave.  Even  Mr.  Rigby's 
countenance  fails  him.  He  violates  his  second  nature, 
and  blushes  whenever  he  speaks  of  you- — Perhaps  the 
noble  Colonel  himself  will  relieve  you.  No  man  is  more 
tender  of  his  reputation.  He  is  not  only  nice,  but  per- 
fectly sore  in  every  thing  that  touches  his  honour.  If  any 
man,  for  example,  were  to  accuse  him  of  taking  his  stand 
at  a  gaming-table,  and  watching,  with  the  soberest  atten- 
tion, for  a  fair  opportunity  of  engaging  a  drunken  young 
lioblcman  at  piquet,  he  would  undoubtedly  consider  it  as 
an  infamous  aspersion  upon  his  character,  and  resent  it 
like  a  man  of  honour. — Acquitting  him,  therefore,  of  draw- 
ing a  regular  and  splendid  subsistence  from  any  unworthy 
practices  either  in  his  own  house  or  elsewhere,  let  me  ask 
your  Grace,  for  what  military  merits  you  have  been  pleas- 
ed to  reward  him  with  military  government?  He  had  a 
regiment  of  dragoons,  which  one  would  imagine  was  at 
least  an  equivalent  for  any  services  he  ever  performed. 
Besides,  he  is  but  a  young  officer,  considering  his  prefep- 
ment,  and,  except  in  his  activity  at  Preston,  not  very  con- 
spicuous in  his  profession.  But  it  seems  the  sale  of  a  civil 
employment  was  not  sufficient;  and  military  governments, 
which  were  intended  for  the  support  of  worn-out  veterans, 
must  be  thrown  into  the  scale,  to  defray  the  extensive  bribe- 
ry of  a  contested  election.  Are  these  the  steps  you  take 
to  secure  to  your  sovereign  the  attachment  of  his  army  ! 
With  Vr'hat  countenance  dare  you  appear  in  the  royal  pre- 
sence, branded  as  you  are  with  the  infamy  of  a  notorious 
breach  of  trust  ?  With  wiiat  countenance  can  you  take 
your  seat  at  the  treasury-board  or  la  council,  when  yo'.: 


feel  that  every  circulating  whisper  is  at  your  expence  alone, 
and  stabs  you  to  the  heart?  Have  you  a  single  friend  in 
parliament  so  shameless,  so  thoroughly  abandoned,  as  to 
undertake  your  defence  ?  You  know,  my  Lord,  that  there 
is  not  a  man  in  either  house,  v/hose  character,  however 
flagitious,  w^ould  not  be  ruined  by  mixing  his  reputation 
with  yours  ;  and  does  not  your  heart  inform  you,  that  you 
are  degraded  below  the  condition  of  a  man,  when  you  are 
obliged  to  bear  these  insults  with  submission,  and  even  to 
thank  me  for  my  moderation  I 

We  are  told,  by  the  highest  judicial  authority,  that  Mr, 
Vaughan's  offer  to  purchase  the  reversion  of  a  patent  place 
in  Jaimaica  (which  he  was  otherwise  sufficiently  entitled 
to)  lamounted  to  a  high  misdemeanor.  Be  it  so  ;  and  if 
he  deserves  it,  let  him  be  punished.  l-ut  the  learned 
judge  might  have  had  a  fairer  opportunity  of  displaying  the 
powers  of  his  eloquence.  Having  delivered  himself  with 
-so  much  energy  upon  the  criminal  nature  and  dangerous 
consequences,  of  any  attempt  to  corrupt  a  man  in  your 
Grace^s  station,  what  would  he  have  said  to  the  minister 
himself,  to  that  very  privy  counsellor,  to  that  first  commis- 
sioner of  the  treasury,  who  does  not  wait  for,  but  impatiently^ 
solicits,  the  touch  of  corruption;  who  employs  the  meanest 
of  his  creatures  in  these  honourable  services,  and,  forgetting 
the  genius  and  fidelity  of  his  secretary,  descends  to  apply  to 
his  house-builder  for  assistance? 

This  affair,  my  Lord,  v/ill  do  infinite  credit  to  govern- 
3nent,  if,  to  clear  your  character,  you  should  think  proper 
to  bring  it  into  the  House  of  Lords,  or  into  the  Court  of 
> king's  Bench. But,  my  Lord,  you  dare  not  do  either. 

JUNIVS 


LETTLR  XXXV. 


TO    THE    PRINTER    OF    THE    PUBLIC     ADVERTISER. 

Dec.  19.  ir6^. 

When  the  complaints  of  a  brave  and  powerful  people  are 
observed  to  increase  in  proportion  to  the  wrongs  they 
have  suffered;  wiien,  instead  of  binking  into  submission,, 
they  are  roused  to  resistance  ;  the  time  will  soon  arrive 
at  which  every  inferior  consideration  must  yiekl  to  the 


12^ 

security  of  the  sovereign,  and  to  the  f2;eneral  safety  of 
the  state.  There  is  a  moment  of  difficulty  and  dan- 
g*er,  at  which  flattery  and  falsehood  can  no  lonp;er  de- 
ceive, and  simplicity  itself  can  no  lont^er  be  misled.  Let 
VIS  suppose  it  arrived.  Let  us  suppose  a  j>:racious,  well- 
intentioned  prince,  made  sensible  at  last  of  the  great 
fluty  he  owes  to  his  people,  and  of  his  own  disgraceful 
situation ;  that  he  looks  round  him  for  assistance,  and 
asks  for  no  advice,  but  how  to  gratify  the  wishes  and 
secure  the  happiness  of  his  subjects.  In  these  circum- 
stances, it  may  be  matter  of  curious  spkculation  to 
consider,  if  an  honest  man  were  permitted  to  approach 
a  king,  in  what  terms  he  would  address  himself  to  his 
.;overeie;n.  Let  it  be  imagined,  no  matter  how  im- 
probable, that  the  first  prejudice  against  his  character 
is  removed ;  that  the  ceremonious  difficulties  of  an  au- 
dience are  surmounted;  that  he  feels  himself  animated 
by  the  purest  and  most  honourable  affection  to  his  king 
and  country,  and  that  the  great  person  whom  he  ad- 
dresses has  spirit  enough  to  bid  him  speak  freely,  and 
understanding  enough  to  listen  to  him  with  attention. 
Unacquainted  with  the  vain  impertinence  of  forms,  he 
would  deliver  his  sentiments  with  dignity  and  firmness^ 
but  not  without  respect. 

SIR, 

It  is  the  misfortune  of  ytsur  life,  and  originally 
the  cause  of  every  reproach  and  distress  which  has  attended 
your  government,  that  you  should  never  have  been  ac- 
quainted with  the  language  of  truth,  until  you  heard  it  in 
the  complaints  of  your  people.  It  is  not,  however,  too 
late  to  correct  the  error  of  your  education.  We  are  stili 
inclined  to  make  an  indulgent  allowance  for  the  pernicious 
lessons  you  received  in  your  youth,  and  to  form  the  most 
sanguine  hopes  from  the  natural  benevolence  of  your  dis- 
position ^.  We  are  far  from  thinking  you  capable  of  a 
direct,  deliberate  purpose  to  invade  those  original  rights  of 
your  subjects,  on  which  all  their  civil  and  political  liber- 
ties depend.  Had  it  been  possible  for  us  to  entertain  a 
suspicion  so  dishonourable  to  your  character,  we  should 
long  since  have  adopted  a  style  of  remonstrance  very  dis- 
tant from  the  humility  of  complaint-     The  doctrine  incul- 


I 


130 

cated  by  our  laws,  "  That  the  King  can  do  no  wrong,'* 
is  admitted  without  reluctance.  We  separate  the  amiable, 
good-natured  prince  from  the  folly  and  treachery  of  his 
servants,  and  the  private  virtues  of  the  man  from  the  viceG 
of  his  government.  Were  it  not  for  this  just  distiiiction, 
I  know  not  whetlier  your  Majesty's  condition,  or  that  of 
the  English  nation,  would  deserve  most  to  be  lamented. 
I  would  prepare  your  mind  for  a  favourable  reception  of 
t?ruth,  by  removing  every  painful,  offensive  idea  of  personal 
reproach.  Your  subjects,  Sir,  wish  for  nothing  but  that, 
as  they  are  reasonable  |Lnd  affectionate  enough  to  separate 
your  person  from  your  government,  so  you,  in  your  turn, 
should  distinguish  between  the  conduct  which  becomes  the 
permanent  dignity  of  a  King,  and  that  which  serves  only  to 
promote  the  temporary  interest  and  miserable  ambition  of  a 
minister. 

You  ascended  the  throne  with  a  declared,  and,  I  doubt 
not,  a  sincere  resolution  of  giving  universal  satisfaction  to 
your  subjects.  You  found  them  pleased  with  the  novelty 
of  a  young  prince,  whose  countenance  promised  even 
more  than  his  words  ;  and  loyal  to  you,  not  only  from 
principle,  but  passion.  It  was  not  a  cold  profession  of  al- 
legiance to  the  first  magistrate;  but  a  partial,  animated 
attachment  to  a  favourite  prince,  the  native  of  their  coun- 
try. They  did  not  w^ait  to  examine  your  conduct,  nor  to 
be  determined  by  experience;  but  gave  you  a  generous 
credit  for  the  future  blessings  of  your  reign,  and  paid  you 
in  advance  the  dearest  tribute  of  their  affections.  Such, 
Sir,  was  once  the  disposition  of  a  people,  who  now  sur- 
round your  throne  with  reproaches  and  complaints.  Do 
justice  to  yourself.  Banish  from  your  mind  those  unwor- 
thy opinions,  with  which  some  interested  persons  have  la- 
boured to  possess  you. — Distrust  the  men  who  tell  you  that 
the  English  are  naturlly  light  and  inconstant — that  they 
complain  without  a  cause.  Withdraw  your  confidence 
equally  from  ail  parties ;  from  ministers,  favourites,  and 
relations;  and  let  tliere  be  one  moment  in  your  life,  m 
which  you  have  consulted  your  own  understanding. 

When  you  affectedly  renounced  the  name  of  English- 
man, believe  me.  Sir,  you  v/ere  persuaded  to  pay  a  very 
ill-judged  compliment  to  one  part  of  your  subjects  at  the 
e-xpence  of  another.     While  the  natives  of  Scotland  are 


i3i 

not  in  actual  rebellion,  they  are  undoubtedly  entitled  to 
protection  j  nor  do  I  mean  to  condemn  the  policy  of  giv- 
ing some  encouragement  to  the  novelty  of  their  afiectioiis 
for  the  House  of  Hanover.  1  am  ready  to  hope  for  every 
thing  from  their  new  born  zeal,  and  from  the  future 
steadiness  of  their  allegiance.  But  hitherto  they  have  no 
claim  to  your  favour.  To  honour  them  with  a  determined 
predilection  and  confidence,  in  exclusion  of  your  English 
subjects,  who  placed  your  family,  and  in  spite  of  treachery 
and  rebellion,  have  supported  it  upon  the  throne,  is  a 
mistake  too  gross  even  for  the  unsuspecting  generosity  of 
youth.  In  this  error  we  see  a  capital  violation  of  the  most 
obvious  rules  of  policy  and  prudence.  We  trace  it, 
'iowever,  to  an  original  bias  in  your  education,  and  are 
loady  to  allow  for  your  inexperience. 

To  the  same  early  influence  we  attribute  it,  that  you 
have  descended  to  take  a  share  not  only  in  the  narrow 
views  and  interests  of  particular  persons,  but  in  the 
fatal  malignity  of  their  passions.  At  your  accession  to  the 
hrone,  the  whole  systen^  of  government  was  altered,  not 
irom  wisdom  or  deliberation,  but  because  it  had  been 
adopted  by  your  predecessor.  A  little  personal  motive  of 
pique  and  resentment  was  sufBcient  to  remove  the  ablest 
servants  of  the  crown  ^ ;  but  it  is  not  in  this  country.  Sir, 
that  such  men  can  be  dishonoured  by  the  frowns  of  a 
King.  They  were  dismissed,  but  could  not  be  disgraced. 
Without  entering  into  a  minuter  discussion  of  the  merits 
of  the  peace,  we  may  observe,  in  the  imprudent  hurry 
with  which  the  first  overtures  from  France  were  accepted, 
in  the  conduct  of  the  negociation  and  terms  of  the  trea- 
ty, the  strongest  marks  of  that  precipitate  spirit  of  conces- 
sion with  which  a  certain  party  of  your  subjects  have 
been  at  all  times  ready  to  purchase  a  peace  with  the  natu- 
ral enemies  of  this  country.  On  your  part  we  are  satis- 
tied  that  every  thing  was  honourable  and  sincere  ;  and  if 
Englpjid  was  sold  to  France,  we  doubt  not  that  your  Ma- 
jesty was  equally  betrayed.  The  conditions  of  the  peace 
were  matter  of  grief  and  surprise  to  your  subjects,  but 
not  the  immediate  cuiise  of  their  present  discontent. 

Hitherto,  Sir,  you  had  been  sacrificed  to  the  prejudices 
and  passions  of  others.  With  what  firmness  will  you  bear 
the  mention  of  your  own  ? 


A  man,  not  very  honourably  distinguished  in  the  world, 
commences  a  formal  attack  upon  your  favourite,  consi- 
dering nothing  but  how  he  might  best  expose  his  person 
and  principles  to  detestation,  and  the  national  chaacter 
of  his  countrymen  to  contempt.  The  natives  of  that 
country,  Sir,  are  as  much  distinguished  by  a  peculiar  cha- 
racter, as  by  your  Majesty^'s  favour.  Like  another  chosen 
people,  they  have  been  conducted  into  the  land  of  plen- 
ty, where  they  find  themselves  effectually  marked,  and 
divided  from  mankind.  There  is  hardly  a  period  at  which 
the  most  irregular  character  may  not  be  redeemed.  The 
mistakes  of  one  sex  find  a  retreat  in  patriotism,  those  of 
the  other  in  devotion.  Mr.  Wilkes  brought  with  him 
into  politics  the  same  liberal  sentiments  by  which  his  pri- 
vate conduct  had  been  directed  ;  and  seemed  to  think 
that,  as  there  are  few  excesses  in  which  an  English  gentle- 
man may  not  be  permitted  to  indulge,  the  same  latitude 
was  allowed  him  in  the  choice  of  his  political  principles, 
and  in  the  spirit  of  maintaining  them. — 1  mean  to  state, 
not  entirely  to  defend,  his  conduct.  In  the  earnestness  of 
his  z  al,  '.e  suffered  some  unwarrantable  insinuations  to 
escape  him.  He  said  more  than  moderate  men  would  jus- 
tify ;  but  not  enough  to  entitle  him  to  the  honor  of  your 
Majesty's  personal  resentment.  The  rays  of  Royal  indig- 
nation, collected  upon  him,  served  only  to  illuminate, 
and  could  not  consume.  Animated  by  the  favour  of  the 
people  on  the  one  side,  and  heated  by  persecution  on  the 
other,  his  views  and  sentiments  changed  with  his  situa- 
tion. Hardly  serious  at  first,  he  is  now  an  enthusiast. 
The  coldest  bodies  warm  with  opposition,  the  hardest 
sparkle  in  collision.  There  is  a  holy  mistaken  zeal  in  po- 
litics as  well  as  religion.  By  persuading  others,  we  con- 
vince ourselves.  The  passions  are  engaged,  and  create 
a  maternal  affection  in  the  mind,  which  forces  us  to 
love  the  cause  for  which  we  suffer.  Is  this  a  contention 
worthy  of  a  king  ?  Are  you  not  sensible  how  much 
the  meanness  of  the  cause  gives  an  air  of  ridicule  to 
the  serious  difficulties  into  which  you  have  been  be- 
trayed ?  The  destruction  of  one  man  has  been  now 
for  many  years  the  sole  object  of  four  government;  and 
if  there  can  be  any  thing  still  more  disgraceful,  we  have 
seen,  for  such  an  object,  the  utmost  infiuence  of  the  eKc- 


outive  power,  and  every  ministerial  artifice,  exerted  with- 
©ut  success.  Nor  can  you  ever  succeed,  unless  he  should 
be  imprudent  enough  to  forfeit  the  protection  of  those 
laws  to  which  you  owe  your  crown,  or  unless  your  minis- 
ters should  persuade  you  to  make  it  a  question  of  force 
alone,  and  try  the  whole  strength  of  government  in 
opposition  to  the  people.  The  lessons  he  has  received 
from  experience,  will  probably  guard  him  from  such  ex- 
cess of  folly;  and  in  your  Majesty's  virtues  we  find  an 
unquestionable  assurance  that  no  illegal  violence  will  be 
attempted. 

Far  from  suspecting  you  of  so  horrible  a  design,  "svc 
would  attribute   the   continual  violation  of  the  laws,  and 
even  this  last  enormous  attack  upon  the  vital  principles  of 
the  constitution,   to  an  ill-advised,  unworthy,  personal  re- 
sentment.     From  one  false  step  you  have  been  betrayed 
into   another;    and   as  the   cause   was  unworthy  of   you, 
your  ministers  were  determined  that  the  prudence  of  the 
execution  should   correspond  with  the  wisdom  and   digni- 
ty of  the  design.     They  have  reduced  you  to  the  necessity 
of  choosing  out  of  a  variety  of  difficulties  ; — to  a  situation 
so  unhappy,  that  you   can  neither  do  wrong  without  ruin, 
jior  right  without  aliliction.      These  worthy  servants  have 
undoubtedly  given  you  many    singular  proofs  of  their  abi- 
lities.    Not  contented  with  making  Mr.  Wilkes  a  man  of 
importance,  they  have  judiciously  transferred  the  question 
from  the  rights  and  interests  of  one  man  to  the  most  im- 
portant rights  and   interests   of  the   people ;    and  forced 
your  subjects,   from  wishing  well  to  the  cause  of  an   in*- 
dividual,  to  unite  with   him  in  their  own.     Let  them  pro- 
ceed as   they   have  begun,    and   your   Majesty  need  not 
doubt  that  the  catastrophe  will  do  no  dishonour  to  the  con- 
duct of  the  piece. 

The  circumstances  to  which  you  are  reduced,  will  not 
admit  of  a  compromise  with  the  English  natioK,  Unde- 
cisive qualifying  measures  will  disgrace  your  government 
still  more  than  open  violence  ;  and  without  satisfying  the 
people,  will  excite  their  contempt.  They  have  too  much 
understanding  and  spirit  to  accept  of  an  indirect  satisfac- 
tion for  a  direct  injury.  Nothing  lesr>  than  a  repeal,  as 
formal  as  the  resolution  itself,  can  heal  ttie  wound  which 
l;as  been  given  to  the  constitution,  nor  will  any  thing  le?-; 


oe  accepted.  I  can  readily  believe  that  tkere  is  an  influ- 
ence sufficient  to  recal  that  pernicious  vote.  The  House 
of  Commons  undoubtedly  consider  their  duty  to  the  crown 
as  paramount  to  all  other  obligations.  To  us  they  are 
only  indebted  for  an  accidental  existence,  and  have  justly 
transferred  their  gratitude  from  their  parents  to  their  be- 
nefactors;--from  those  who  gave  them  birth,  to  the  mi- 
nister from  whose  benevolence  they  derive  the  comforts 
and  pleasures  of  their  political  life — who  has  taken  the 
tenderest  care  of  their  infancy,  and  relieves  their  necessi- 
ties without  offending  their  delicacy.  But  if  it  were 
possible  for  their  integrity  to  be  degraded  to  a  condition 
so  vile  and  abject,  that,  compared  with  it,  the  present 
estimation  they  stand  in  is  a  state  of  honour  and  respect, 

insider,  Sir,  in  what  manner  you  will  afterwards  pro- 
ceed. Can  you  conceive  that  the  people  of  this  country 
will  long  submit  to  be  governed  by  so  flexible  a  House  of 
Commons?  It  is  not  in  the  nature  of  human  society, 
that  any  form  of  government,  in  such  circumstances,  can 
long  be  preserved.  In  ours,  the  general  contempt  of  the 
people  is  as  fatal  as  their  detestation.  Such,  I  am  per- 
suaded, would  be  the  necessary  effect  of  any  base  conces- 
sion made  by  the  present  House  of  Commons,  and  as  a 
qualifying  measure  would  not  be  accepted,  it  remains  for 
you  to  decide  whether  you  will,  at  any  hazard,  support  u 
set  of  men  who  have  reduced  you  to  this  unhappy  dilem- 
ma, or  whether  you  will  gratify  tlie  united  wishes  of  the 
wliole  people  of  England  by  dissolving  the  parliament. 
Taking  it  for  granted,  as  I  do  a  ery  sincerely,   that  you 

Ave  personally  no  design  against  the-consdtution,  or  any 
view  inconsistent  with  the  good  of  your  subjects,  I  tliink 
you  cannot  hesitate  long  upon  the  choice  which  il  equally 
concerns  your  interest  and  your  honour  to  adopt.  On  om* 
side,  you  hazard  the  affections  of  all  your  English  subjects, 
you  relinquish  every  hope  of  repose  to  yourself,  and  you 
endanger  the  establishment  of  your  family  for  ever.  Alt 
this  ygu  venture  for  no  object  whatsoever,  or  for  such  an 
object  as  it  would  be  an  affront  to  you  to  name.  Men  of 
sense  will  examine  your  conduct  with  suspicion;  while 
those  who  are  incapable  of  comprehending  to  what  degree 
they  are  injured,  alBict  you  with  clamours  equally  inso- 
tent  and  unmeaning.      Supposing  it  possible  that  no  fata! 


135 

struggle  should  ensue,  you  determine  at  once  to  be  un- 
happy, without  the  hope  of  a  compensation  either  from 
interest  or  ambition.  If  an  English  king  be  hated  or  des- 
pised, he  must  be  unhappy  ;  and  this  perhaps  is  the  only 
political  truth  which  he  ought  to  be  convinced  of  without 
experiment.  But  if  the  English  people  should  no  longer 
confine  their  resentment  to  a  submissive  representation  or 
neir  wrongs ;  if,  following  the  glorious  example  of  their 
ancestors,  they  should  no  longer  appeal  to  the  creature  of 
the  constitution,  but  to  that  high  Being  who  gave  thci-. 
the  rights  of  humanity,  whose  gifts  it  were  sacrilege  to 
surrender ;  let  me  ask  you,  Sir,  upon  what  part  of  your 
subjects  would  you  rely  for  assistance  ? 

The  peopiv.  of  Ireland  have  been  uniformly  plundered 
and  oppressed.  In  return  they  give  you  every  day  fres: 
marks  of  their  resentment.  They  despise  the  miserabl 
governor  you  have  sent  them  ^,  because  he  is  the  creature 
of  Lord  Bute  ;  nor  is  it  fix>m  any  natural  confusion  in 
their  ideas  that  they  are  so  ready  to  confound  the  original 
of  a  king,  with  the  disgraceful  representation  of  him. 

The  distance  of  the  colonies  would  make  it  impossible 
for  them  to  take  an  active  concern  in  your  affairs,  if  they 
were  as  well   affected  to  your  government  as   they  once 
pretended  to  be  to  your  person.     They  were  ready  enougl 
to   distinguish  between   you  and  your  ministers.     The- 
complained  of  an  act  of  the  legislature,  but  traced  the 
'  origin  of  it  no  higher  than  to  the  servants  of  the  crown  : 
they   pleased  themselves  with    the  hope  that  their  sevc  • 
reign,  if  not  favourable  to  their  cause,   at  least   was   in: 
partial.      The    decisive  personal  part  you    took    agaln.s 
them,  has  eflfectually  banished  that  ni^t  distinction  from 
their  minds  ^.     They   consider  you  as  united  with  your 
servants  against  America :  and  know  how  to  distingitis; 
the  sovereign   and  a  venal  parliament  on  one  side,  froi^ 
the   real  sentiments  of  the  English  people  on   the  othei 
l..ooking   forward   to   independence,   they  might  possibl) 
receive  you   for  their  king ;   but,  if  ever   you   retire  to 
America,  be  assured  they  will  give  you  such  a  covenant 
to  digest,  as  the  Presbytery  of  Scotland  would  have  beei 
ashamed   to  offer  to  Charles  II.     They  left  their  native 
land  in  search  of  freedom,  and  found  it  in  a  desert.     Di 
vided  as  they  are  into  a  tho'jsand  forms  of  policy  and  r.:- 


U'gion,  there  is  one  point  in  which  they  all  agree  : — they 
equally  detest  the  pageantry  of  a  king,  and  the  superci- 
lious hypocrisy  of  a  bishop. 

It  is  not  then  from  the  alienated  affections  of  Ireland 
or  America  that  you  can  reasonably  look  for  assistance  ; 
^till  less  from  the  people  of  England,  who  are  actually 
contending  for  their  rights,  and  in  this  great  question  are 
parties  against  you.  You  are  not,  however,  destitute  of 
crery  appearance  of  support :  You  have  all  the  Jacobites, 
Nonjurors,  Roman  Catholics,  and  Tories  of  this  country, 
...nd  all  Scotland  without  exception.  Considering  from 
ivhat  family  you  are  descended,  the  choice  of  your  friends 
has  been  singularly  directed  ;  and  truly  Sir,  if  you  had 
not  lost  the  Whig  interest  of  England,  I  should  admire 
your  dexterity  in  turning  the  hearts  of  your  enemies.  Is 
it  possible  for  you  to  place  any  confidence  in  men,  who, 
before  they  are  faithful  to  you,  must  renounce  every  opi- 
nion, and  betray  every  principle,  both  in  church  and  state, 
which  they  inherit  from  their  ancestors,  and  are  confirm- 
ed in  by  their  education  ?  whose  numbers  are  so  inconsi- 
derable, that  they  have  long  since  been  obliged  to  give  up 
the  principles  and  language  w^hich  distinguish  them  as  a 
party,  and  to  fight  under  the  banners  of  their  enemies  ? 
Their  zeal  begins  with  hypocrisy,  and  must  conclude  in 
treachery.     At  first  they  deceive,  at  last  they  betray. 

As  to  the  Scotch,  I  must  suppose  your  heart  and  un- 
derstanding so  biassed,  from  your  earliest  infancy,  in  their 
favour?  that  nothing  less  than  your  own  misfortunes  can 
imdeceive  you.  You  will  not  accept  of  the  imiform  ex- 
perience of  your  ancestors  ;  and,  when  once  a  man  is  de- 
termined to  believe,  the  very  absurdity  of  the  doctrine 
confirms  him  in  his  faith.  A  bigotted  understanding  can 
draw  a  proof  of  attachment  to  the  House  of  Hanover 
from  a  notorious  zeal  for  the  House  of  Stuart,  and  find 
an  earnest  of  future  loyalty  in  former  rebellions.  Appeai'- 
ances  are,  however,  in  their  favour ;  so  strongly  indeed, 
that  one  would  think  they  had  forgotten  that  you  arc 
their  lawful  King,  and  had  mistaken  you  for  a  pretender 
to  the  crown.  Let  it  be  admitted,  then,  that  the  Scotch 
are  as  sincere  in  their  present  professions  as  if  you  were 
in  reality  not  an  Englishman,  but  a  Briton  of  the  North, 
Y^ou  would  not  be  the  first  prince,  of  their  native  couu- 


lo7 

try,  against  whcin  they  have  rebelled,  nor  the  first  whom 
they  have  basely  betrayed.  Have  you  ibr|;;otten,  Sir,  or 
has  your  favourite  concealed  from  you  that  part  of  oui- 
history,  when  the  unhappy  Charles  (and  he  too  had  pri- 
vate virtues)  fled  from  the  open,  avowed  indignation  of 
his  English  subjects,  and  surrendered  himself  at  discretion 
to  the  good  faith  of  his  own  countrymen.  Without  look- 
ing for  support  in  their  affections  as  subjects,  he  applied 
only  to  their  honour  as  gentlemen  for  protection.  They 
received  him  as  they  would  your  Majesty,  with  bows, 
and  smiles,  and  falsehood,  and  kept  him  until  they  had 
settled  their  bargain  with  the  English  parliament;  then 
basely  sold  their  native  king  to  the  vengeance  of  his  ene* 
mies.  This,  Sir,  was  not  the  act  of  ^  few  traitors,  but 
the  deliberate  treachery  of  a  Scotch  parliament,  repre- 
senting the  nation.  A  wise  prince  might  draw  from  it 
two  lessons  of  equal  utility  to  liimself.  On  one  side  he 
might  learn  to  dread  the  undisguised  resentment  of  a  ge- 
nerous people,  who  dare  openly  assert  their  rights,  and 
who,  in  a  just  cause,  are  ready  to  meet  their  sovereign  in 
the  field.  On  the  other  side,  he  would  be  taught  to  appre- 
hend something  far  more  formidable ; — a  fnwning  treachery, 
against  which  no  prudence  can  guard,  no  courage  can 
defend.  The  insidious  smile  upon  the  cheek  would  warn 
him  of  the  canker  in  the  heart. 

From  the  uses  to  which  one  part  of  the  army  had  been 
too  fretjuently  applied,  you  have  some  reason  to  expect 
that  there  are  no  services  they  would  refuse.  Here  too 
we  trace  the  partiality  of  your  understanding.  You  take 
the  sense  of  the  army  from  the  conduct  of  the  guards, 
with  the  same  justice  with  which  you  collect  the  sense  o# 
the  people  from  the  representations  of  the  ministry.  Your 
marching  regiments,  Sir,  will  not  make  the  guards  their 
exami)le  either  as  soldiers  or  subjects.  They  feel  and  re- 
sent, as  they  ought  to  do,  that  invariable,  undistinguish- 
ing  favour,  with  which  the  guards  are  treated  ^ ;  while 
those  gallant  troops,  by  wiiom  every  hazardous,  every  la- 
borious service  is  performed,  are  left  to  perish  in  garrisons 
abroad,  or  ])ine  in  quarters  at  home,  neglected  and  for- 
gotten. If  they  had  no  sense  of  the  great  original  duty 
t-hey  owe  their  country,  their  resentment  would  operate 
''Ive  patriotism,  and  leave  your  cause  to  be  defended  by 

k2 


those  to  whom  you  have  hivished  the  rewards  and  ho- 
nours of  thfciv  profession.  The  Praetorian  bands,  ener- 
vated and  debauched  as  they  were,  had  still  strength  enough 
to  awe  the  Roman  populace  ;  but  when  the  distant  legions 
took  the  ahirm,  they  marched  to  Rome,  and  gave  away  the 
empire. 

On  this  side,  then,  which  ever  way  you  turn  your  eyes, 
you  see  nothing  but  perplexity  and  distress.  You  may 
determine  to  support  the  very  ministry  who  have  reduced 
youi*  affairs  to  this  deplorable  situation  ;  you  may  shelter 
yourself  under  the  forms  of  a  parliament,  and  set  your 
people  at  defiance ;  but  be  assured,  Sir,  that  such  a  reso- 
lution would  be  as  imprudent  as  it  would  be  odious.  If  it 
did  not  immediately  shake  your  establishment,  it  would  rob 
you  of  your  peace  of  mind  for  ever. 

On  the  other,  how  different  is  the  prospect  1  How  easy, 
how  safe  and  honourable,  is  the  path  before  you  I  The 
English  nation  declare  they  are  grossly  injured  by  their 
representatives,  and  solicit  your  Majesty  to  exert  your 
lawful  prerogative,  and  give  them  an  opportunity  of  re- 
calling a  trust  which  they  find  has  been  scandalously  abu- 
^>ed.  You  are  not  to  be  told  that  the  power  of  the  House 
of  Commons  is  not  original,  but  delegated  to  them  for 
-\he  welfare  of  the  people,  from  whom  they  received  it, 
A  question  of  right  arises  betv/een  the  constituent  and 
the  representative  body.  By  what  authority  shall  it  be 
decided  ?  Will  your  Majesty  intefere  in  a  question  in^ 
v,'hich  you  have  properly  no  immediate  concern  ? — It 
v/ould  be  a  step  equally  odious  and  unnecessary.  Shall 
^he  Lords  be  called  upon  to  determine  the  rights  and  pri- 
vileges of  the  Commons  ? — '1  hey  cannot  do  it  without  a 
flagrant  breach  of  the  constitution.  Or,  will  you  refer  it 
to  the  judges? — They  have  often  told  your  ancestors  that 
the  law  of  parliament  is  above  them.  What  part  then 
:remains,  but  to  leave  it  to  the  people  to  determine  for  them- 
selves ?  They  alone  are  injured;  and  since  there  is  no 
ijiiperior  power  to  which  the  cause  can  be  referred,  thej 
iilone  ought  to  determine. 

I  do  not  mean  to  perplex  you  with  a  tedious  argument 
upon  a  subject  already  so  discussed,  that  inspiration  could 
hardly  throw  a  new  light  upon  it.  There  are,  however. 
two  points  of  view  in  wJnch  it  partkularly  imports  your 


Ii2r9 

Majesty  to  consider  the  late  proceedings  of  the  House  of 
Commons.  By  depriving  a  subject  of  his  birthright;, 
they  have  attributed  to  their  own  vote  an  authority  equal 
to  an  act  of  the  whole  legislature ;  and,  though  perhaps 
not  with  the  same  motives,  have  strictly  followed  the  ex- 
ample of  the  long  parliament,  which  first  declared  the  re» 
gal  office  useless,  and  soon  after,  wdth  as  little  ceremony, 
dissolved  the  House  of  Lords.  The  same  pretended  power 
which  robs  an  English  subject  of  his  birthriglit,  may  rob 
an  English  king  of  his  crown.  In  another  view  there- 
solution  of  the  House  of  Commons,  apparently  not  so 
dangerous  to  your  Majesty,  is  still  more  alarming  to  your 
people.  Not  contented  with  divesting  one  man  of  his 
right,  they  have  arbitrarily  conveyed  that  right  to  ano- 
ther. They  have  set  aside  a  return  as  illegal,  without 
daring  to  censvu^e  those  officers,  who  were  particularly 
apprized  of  Mr.  Wilkes  incapacity,  not  only  by  the  de- 
claration  of  the  House,  but  expressly  by  the  writ  directed 
to  them,  and  who  nevertheless  returned  him  duly  elect- 
ed. They  have  rejected  the  majority  of  votes,  the  only 
criterion  by  which  our  laws  judge  of  the  sense  of  thti 
people  ;  they  have  transferred  the  right  of  election  from 
the  collective  to  the  representative  body  ;  and  by  these 
acts,  taken  separately  or  together,  they  have  essentially 
altered  the  constitution  of  the  House  of  Commons.  Ver- 
sed, as  your  Majesty  undoubtedly  is,  in  the  English  his- 
tory, it  cannot  easily  escape  you,  how  much  it  is  your  in- 
terest, as  well  as  your  duty,  to  prevent  one  of  the  three 
estates  from  encroaching  upon  the  province  of  the  other 
two,  or  assuming  the  authority  of  them  ail.  When  once 
they  have  departed  from  the  great  constitutional  line  by 
which  all  their  proceedings  should  be  directed,  who  will 
answer  for  their  futme  moderation?  Or,  what  assurance 
will  they  give  you,  that,  when  they  have  trampled  upon 
their  equals,  they  will  submit  to  a  superior!  Your  Ma- 
}esty  may  leara  hereafter  how  nearly  the  slave  and  tyrant 
are  allied. 

Some  of  your  council,  more  candid  than  the  rest,  ad- 
mit the  abandoned  profligacy  of  the  present  House  of 
Commons,  but  oppose  their  dissolution,  upon  an  opinion, 
I  confess,,  not  very  unwarrantable,  that  their  successors 
would  be  equally  at  the  disposal  of  the  Treasury*     I  can^ 


140 

not  pdrsaade  myself  that  the  nation  %vili  have  profited  so 
little  by  experience.  But  if  that  opinion  were  well  found- 
ed, you  might  then  gratify  our  wishes  at  an  easy  rate,  and 
appease  the  present  clamour  against  your  government, 
without  offering  any  material  injury  to  the  favourite  cause  of 
corruption. 

You  have  still  an  honourable  part  to  act.  The  affec- 
tions of  your  subjects  may  still  be  recovered.  But  before 
you  subdue  their  hearts,  you  must  gain  a  noble  victory 
over  your  own.  Discard  those  little  personal  resentments 
which  have  too  long  directed  your  public  conduct.  Par- 
don this  man  the  remainder  of  his  punishment;  and  if 
resentment  still  prevails,  make  it,  what  it  should  have 
been  long  since,  an  act,  not  of  mercy,  but  of  contempt. 
He  will  soon  fall  back  into  his  natural  station, — a  silent 
senator,  and  hardly  supporting  the  weekly  eloquence  of  a 
newspaper.  The  gentle  breath  of  peace  would  leave  him 
on  the  surface,  neglected  and  unremoved.  It  is  only  the 
tempest  that  lifts  him  from  his  place. 

Without  consulting  your  minister,  call  together  your 
whole  council.  Let  it  appear  to  the  public,  that  you  can 
determine  and  act  for  yourself.  Come  forward  to  your 
people.  Lay  aside  the  wTetched  formalities  of  a  king; 
and  speak  to  your  subjects  with  tli^  spirit  of  a  man,  and 
in  the  language  of  a  gentleman.  Tell  them  you  have 
been  fatally  deceived.  The  acknowledgement  will  be  no 
disgrace,  but  rather  an  honour  to  your  understanding. 
Tell  them  you  are  determined  to  remove  every  cause  oi 
complaint  against  your  government;  that  you  will  give 
vour  confidence  to  no  man  who  does  not  possess  the  con- 
iidence  of  your  subjects;  and  leave  it  to  themselves  to  de- 
termine, by  their  conduct  at  a  future  election,  whether 
or  no  it  be  in  reality  the  general  sense  of  the  nation,  that 
their  rights  have  been  arbitrarily  invaded  by  the  present 
House  of  Commons,  and  the  constitution  betrayed.  They 
will  then  do  justice  to  their  representatives,  and  to  them- 
selves. 

These  sentiments,  Sir,  and  the  style  they  are  conveyed 
in,  may  be  offensive  perhaps,  because  they  are  new  to 
you.  Accustomed  to  the  language  of  courtiers^  you  mea- 
sure their  affections  by  the  vehemence  of  their  expres- 
sions; and.  when  they  only  praise  you  indirectly,  you  ad- 


141 

i^irc  their  sincerity.  But  this  is  not  a  time  to  tvitle  with 
your  fortune.  They  deceive  you.  Sir,  who  tell  you  that 
you  have  many  friends  whose  affections  are  founded  upon 
a  principle  of  personal  attachment.  The  first  foundation 
of  friendship,  is  not  the  power  of  conferring  benefits, 
but  the  equality  with  which  they  are  received,  and  may 
be  returned.  The  fortune  which  made  you  a  king,  for- 
bade you  to  have  a  friend.  It  is  a  law  of  nature  which 
cannot  be  violated  with  impunity.  The  mistaken  prince, 
who  looks  for  friendship,  will  find  a  favourite,  and  in  that 
favourite  the  ruin  of  his  affairs. 

The  people  of  England  are  loyal  to  the  House  of  Han- 
over, not  from  a  vain  preference  of  one  family  to  ano- 
ther, but  from  a  conviction  that  the  establishment  of  that 
family  was  necessary  to  the  support  of  their  civil  and  re- 
ligious liberties.  This,  Sir,  is  a  principle  of  allegiance 
equally  solid  and  rational ; — fit  for  Englishmen  to  adopt, 
and  well  worthy  of  your  Majesty's  encouragement.  We 
cannot  be  long  deluded  by  nominal  distinctions.  The 
name  of  Stuart,  of  itself,  is  only  contemptible ; — armed 
with  the  sovereign  authority,  their  principles  are  formid- 
able. The  prince  who  imitates  their  conduct,  should 
be  warned  by  their  example  ;  and,  while  he  plumes  him- 
self upon  the  security  of  his  title  to  the  crown,  should 
remember,  that,  as  it  was  acquired  by  one  revolution,  it 
may  be  lost  by  another.  ^ 

Junius, 


LETTER  XXXVL 


TO  HIS  GRACE  THE  DUKE  OF  GRAFTON, 

MY  LORD,  Feb.  14.  1770. 

If  I  were  personally  your  enemy,  I  might  pity 
and  forgive  you.  You  have  every  claim  to  compassion, 
that  can  arise  from  misery  and  distress.  The  condition  you 
are  reduced  to,  would  disarm  a  private  enemy  of  his  re- 
sentment, and  leave  no  consolation  to  the  most  vindictive 
spirit,  but  that  such  an  object  as  you  are,  would  disgrace 
the  dignity  of  revenge.  But  in  the  relation  you  have 
borne  to  this  country,  you  have  no  title  to  indulgence  ; 
and  if  I  had  followed  the  dictates  of  my  own  opinion,  i 


should  never  have  allowed  you  the  respite  of  a  mom^n^. 
In  your  public  character,  you  have  injured  every  subject 
of  the  e^ipire;  and  though  an  individual  is  not  autho- 
rised to  forgive  the  injuries  done  to  society,  he  is  called 
upon  to  assert  his  separate  share  in  the  public  resentment. 
I  submitted,  however,  to  the  judgment  of  men  more  n>o- 
derate,  perhaps  more  candid  than  myself.  For  my  owe 
part  I  do  not  X)retend  to  understand  those  pi:udent  forms 
of  decorum,  those  gentle  rules  of  discretion  wliich  some 
men  endeavour  to  miite  with  the  conduct  of  the  greatesi 
and  most  hazardous  affairs.  Engaged  in  the  defence  o: 
an  honourable  cause,  I  would  take  a  decisive  part. — 1 
should  scorn  to  provide  for  a  future  retreat,  or  to  keep 
terms  with  a  man  who  preserves  no  measures  with  tht 
public.  Neither  the  abject  submission  of  deserting  h'u 
post  in  the  hour  of  danger,  nor  even  the  ^  sacred  shielc 
of  cowardice,  should  protect  him.  I  would  pursue  hin 
through  life,  and  try  the  last  exertion  of  my  abilities  t( 
preserve  the  perishable  infamy  of  his  name,  and  make  i 
immortal. 

What,  then,  my  Lord,  is  this  the  event  of  all  the  sa 
orifices  you  have  made  to  Lord  Bute's  patronage,  and  t( 
your  own  unfortunate  ambition  ?  Was  it  for  this  yoi 
abandoned  your  earliest  friendships, — the  warmest  con 
nections  of  your  youth,  and  all  those  honourable  engage 
ments  by  which  you  once  solicited,  and  might  have  ac 
quired  the  esteem  of  your  country  ?  Have  you  securec 
no  recompense  for  such  a  Vv^aste  of  honour  r — Unhappy 
man  I  what  party  will  receive  the  common  deserter  of  ai 
parties  ?  Without  a  client  to  flatter,  without  a  friend  t( 
console  you,  and  with  only  one  companion  from  the  ho 
nest  house  of  Bloomsbury,  you  must  novr  retire  into  ; 
dreadful  solitude.  At  the  most  active  period  of  life,  yoi 
must  quit  the  busy  scene,  and  conceal  yourself  from  th( 
world,  if  you  would  hope  to  save  the  wretched  remain 
of  a  ruined  reputation.  Tiie  vices  operate  like  age  ;— 
bring  on  disease  before  its  time,  and  in  the  prime  of  youtl 
leave  the  character  broken  and  exhausted. 

Yet  your  conduct  has  been  mysterious,  as  well  as  con 
temptible.  Where  is  nov/  that  firmness  or  obstinacy  s< 
iong  boasted  of  by  your  friends,  and  acknowledged  b] 
your  enemies?       We  were  taught  to  expect  that  yo\ 


143 

rvould  not  leave  the  ruin  of  this  country  to  be  completed 
>y-dther  hands,  but  were  determined  either  to  gain  a  de- 
:isive  victory  over  the  constitution,  or  to  perish  bravely  at 
east  behind  the  last  dike  of  the  prerogative.  You  knew 
:he  danger,  and  might  have  been  provided  for  it.  You 
;ook  sufficient  time  to  prepare  for  a  meeting  with  your 
parliament,  to  confirm  the  mercenary  fidelity  of  your  de- 
}endent3,  and  to  suggest  to  your  Sovereign  a  language 
iuited  to  his  dignity  at  least,  if  not  to  his  benevolence 
md  wisdom.  Vet,  while  the  whole  kingdom  was  agi- 
ated  with  anxious  expectation  upon  one  great  point,  you 
Tieanly  evaded  the  question,  and,  instead  of  the  explicit 
firmness  and  decision  of  a  king,  gave  us  nothing  but  the 
misery  of  a  ruined  ^  grazier,  and  the  whining  piety  of  a 
Methodist.  We  had  reason  to  expect  that  notice  would 
iiave  been  takeri  of  the  petitions  which  the  King  had  re- 
ceived from  the  English  nation ;  and  although  I  can  con- 
ceive some  personal  motives  for  not  yielding  to  them,  I 
:an  find  none,  in  common  prudence  or  decency,  for  treat- 
ing them  with  contempt.  Be  assured,  my  Lord,  the  Eng- 
lish people  will  not  tamely  submit  to  this  unworthy  treat- 
ment : — they  had  a  right  to  be  heard ;  and  their  petitions, 
if  not  granted,  deserved  to  be  considered.  Whatever  be 
the  real  views  and  doctrine  of  a  court,  the  Sovereign 
should  be  taught  to  preserve  some  forms  of  attention  to 
his  subjects ;  and,  if  he  will  not  redress  their  grievances, 
not  to  make  them  a  topic  of  jest  and  mockery  among 
lords  and  ladies  of  the  bedchamber.  Injuries  may  be 
atoned  for,  and  forgiven;  but  insults  admit  of  no  com- 
pensation. They  degrade  the  mind  in  its  own  esteem ^ 
and  force  it  to  recover  its  level  by  revenge.  This  neglect 
of  the  petitions  was,  however  a  part  of  your  onginal  plan 
of  government ;  nor  will  any  consequences  it  has  pro- 
duced, account  for  your  desmting  your  Sovereign,  in  the 
midst  of  that  distress  in  which  you  and  your  ^  new  friends 
had  involved  him.  One  would  think,  my  Lord,  you 
might  have  taken  this  spirited  resolution  before  you  h^ 
dissolved  the  last  of  those  early"  connections,  which  once, 
even  in  your  own  opinion,  did  honour  to  your  youth; — ■ 
before  you  had  obliged  l^ord  Granby  to  quit  a  service  he 
was  attached  to ; — before  you  had  discaixled  one  chancel- 
lor,   and  killed  another.       To  what  an  abject  condition 


!44 

have  you  laboured  to  reduce  the  best  of  princes,  when 
the  unhappy  man,  who  yields  at  last  to  such  personal  in- 
stance and  solicitation  as  ne^er  can  be  fairly  employed 
against  a  subject,  feels  himself  degraded  by  his  compli- 
ance, and  is  unable  to  survive  the  disgraceful  honours 
which  his  gracious  Sovereign  had  compelled  him  to  ac- 
cept. He  was  a  man  of  spirit,  for  he  had  a  quick  sense 
of  shame,  and  death  has  redeemed  his  character.  I  know 
your  (rrace  too  well  to  appeal  to  your  feelings  upon  this 
event;  but  there  is  another  heart  not  yet,  I  hope,  quite 
callous  to  the  touch  of  humanity,  to  which  it  ought  to  be  a 
dreadful  lesson  for  ever  ". 

Now,  my  Lord,  let  us  consider  the  situation  to  which 
you  have  conducted,  and  in  which  you  have  thought  it 
adviseable  to  abandon,  your  royal  master.  Whenever  the 
people  have  complained,  and  nothing  better  could  be  said 
m  defence  of  the  measures  of  government,  it  lias  been 
the  fashion  to  answer  us,  though  not  very  fairly,  with 
an  appeal  to  the  private  virtues  of  your  Sovereign  :  ''  Has 
"  he  not,  to  relieve  the  people,  surrendered  a  consider- 
'^  able  part  of  his  revenue  ? — Has  he  not  made  the  judges 
^'  independent,  by  fixing  them  in  their  places  for  life  ?" 
— My  Lord,  we  acknowledge  the  gracious  principle 
v/hich  gave  birth  to  these  concessions,  and  have  nothing 
to  regret  but  that  it  has  never  been  adhered  to.  At  the 
end  of  seven  years,  we  are  loaded  with  a  debt  of  above 
five  hundred  thousand  pounds  upon  the  civil  list;  and 
wx  now  see  the  chancellor  of  Great  Britain  tyrannically 
forced  out  of  his  office,  not  for  want  of  abilities,  not  for 
want  of  integrity,  or  of  attention  to  his  duty,  but  for  de- 
livering his  honest  opinion  in  parliament,  upon  the  great- 
est constitutional  question  that  has  arisen  since  the  Revo- 
lution.—  V\  e  care  not  to  whose  private  virtues  you  ap- 
peal: the  theory  of  such  a  government  is  falsehood  and 
mockery;  the  practice  is  oppression.  You  have  laboured 
then  (though  1  confess  to  no  purpose)  io  rob  your  master 
of  the  only  plausible  answer  th:it  ever  was  given  in  de- 
jfcnce  of  his  government, — of  the  opinion  whiah  the 
people  had  conceived  of  iiis  personal  honour  and  integrity. 
— The  Duke  of  Bedford  was  m.ore  moderate  than  your 
Grace.  He  only  forced  his  master  to  violate  a  solemn 
promise  made  to   an   individual  *.     Bttt  you?^  my  Lo-?- 


145 

have  successfully  extended  your  advice  to  every  political* 
every  moral  engagement,  that  could  bind  either  the  ma- 
gistrate or  the  man.  The  condition  of  a  king  is  often 
miserable,  but  it  required  your  Grace's  abilities  to  make 
it  contemptible. — You  will  say,  i^^rhaps,  that  the  faithful 
servants,  in  whose  hands  you  have  left  him,  are  able  to 
retrieve  his  honour,  and  to  support  his  government.  You 
have  publicly  declared,  even  since  your  resignation,  that 
you  approved  of  theii;  measures,  and  admired  their  con- 
duct, particularly  that  of  the  Earl  of  Sandwich.  What 
a  pity  it  is,  that  with  all  this  appearance,  you  should 
think  it  necessary  to  separate  yourself  from  such  amiable 
companions !  You  forget,  my  Lord,  that  while  you  are 
lavish  in  the  praise  of  men  whom  you  desert,  you  are  pub- 
licly opposing  your  conduct  to  your  opinions,  and  de- 
priving yourself  of  theitonly  plausible  pretence  you  had 
for  leaving  your  Sovereign  overwhelmed  with  distress.  I 
call  it  plausible  ;  for,  in  truth,  there  is  no  reason  what- 
soever, less  than  the  frowns  of  your  master,  that  could 
justify  a  man  of  spirit  for  abandoning  his  post  at  a  mo- 
ment so  critical  and  important.  It  is  in  vain  to  evade  the 
question.  If  you  will  not  speak  out  the  public  have  a 
right  to  judge  from  appearances.  We  are  authorized  to 
conclude,  that  you  either  differed  from  your  colleagues, 
whose  measures  you  still  affect  to  defend,  or  that  you 
thought  the  administration  of  the  King's  affairs  no  longer 
tenable.  You  are  at  liberty  to  choose  between  the  hypo- 
crite and  the  coward.  Your  best  friends  are  in  doubt 
which  way  they  shall  incline.  Your  country  unites  the 
characters,  and  gives  you  <:redit  for  them  both.  For  my 
own  part,  I  see  nothing  inconsistent  in  your  conduct. 
You  began  with  betraying  the  people, — you  conclude  with 
betraying  the  King. 

In  your  treatment  of  particular  persons,  you  have  pre- 
served the  uniformity  of  your  character.  Even  Mr.  Brad- 
shaw  declares,  that  no  man  was  ever  so  ill  used  as  him- 
self. As  to  the  provision  p  you  have  made  for  his  famUj^, 
he  was  entitled  to  it  by  the  house  he  lives  in.  The  suc- 
cessor of  one  chancellor  might  well  pretend  to  be  the  ri- 
val of  another.  It  is  the  breach  of  private  friendship 
which  touches  Mr.  Bradshaw ;  and,  to  say  the  truth,  when 
a  man  of  his  rank  and  abilities  had  taken  so  active  a  part 

L 


U6 

in  your  ^iTairs,  he  ought  not  to  have  been  let  down  at  last 
Vr'ith  a  miserable  pension  of  iifteen  huridred  pounds  a-year. 
Colonel  Luttrell,  Mr.  Onslow,  and  Governor  Burgoyne, 
were  equally  engaged  'vvith  you,  and  have  ratner  more 
reason  to  complain  than  Mr.  Bradshaw.  These  are  men, 
ray  Lord,  whose  friendship  you  ought  to  have  adhered  to 
wii  the  same  principle  on  which  you  deserted  Lord  Rock- 
ingham, Lord  Chatham,  Lord  Camden,  and  the  Duke  of 
Portland.  We  can  easily  account  for  your  violating  your 
«ingagements  with  men  of  honour,  tut  why  should  you 
betray  your  natural  connections?  Why  separate  yourself 
from  Lord  Sandwich,  Lord  Gower,  and  Mr.  Rigby,  or 
leave  the  three  v/orthy  gentlemen  above  mentioned  to 
Tiift  for  themselves?  With  all  the  fashionable  indulgence 
of  the  times,  this  country  does  not  abound  in  characters 
like  theirs  ;  and  you  may  find  itjjverv  difficult  matter  to 
emit  the  black  catalogue  of  yourrriends. 
The  recollection  of  the  royal  patent  you  sold  to  Mr. 
iiine,  obliges  me  to  say  a  word  in  defence  of  a  man 
whom  yon  have  taken  the  most  dishonourable  means  to 
iiijure.  I  do  not  refer  to  the  sham  prosecution  which 
you  affected  to  carry  on  against  him.  On  that  ground, 
I  doubt  not)  lie  is  prepared  to  m.ect  you  with  tenibld  re- 
crimination, and  set  you  at  defiance.  The  injury  you 
have  done  him  affects  his  moral  character.  You  knew 
that  the  offer  to  purctiase  the  reversion  of  a  place,  which 
has  heretofore  been  sold  under  a  decree  of  the  Court  of 
Chancery,  however  imprudent  in  his  situation,  would  no 
vray  tend  to  cover  him  with  that  sort  of  guilt  which  you 
wished  to  fix  upon  him  in  the  eyes  of  the  v/orld.  You 
laboured  then,  by  every  species  of  false  suggestion,  and 
even  by  publishing  counterfeit  letters,  to  have  it  under- 
stood that  he  had  proposed  terms  of  accommodation  to 
you,  and  had  offered  to  abandon  his  principles,  his  party, 
and  his  friends.  You  consulted  your  own  breast  for  a 
character  of  consummate  treachery,  and  gave  it  to  the 
piiblic  for  that  of  Mr.  Vaughan.  I  think  myself  obliged 
to^o  this  justice  to  an  injured  man,  because  I  was  de- 
ceived by  the  appearances  thrown  out  by  your  Grace,  and 
have  frequently  spoken  of  his  conduct  with  indignation. 
If  he  reaiiy  be,  what  I  think  him,  honest,  though  mistaken^ 
he  will  be  happy   in  recovering  his  reputation,  though  at 


the  expencc  of  his  understanding.  Here,  I  see,  the  mat- 
ter is  likely  to  rest.  Your  Grace  is  afraid  to  carry  on 
the  prosecution.  Mr.  Hine  keeps  quiet  possession  of  his 
purchase  ;  and  Governor  Burgoyne,  relieved  from  the  ap- 
prehension of  refunding  the  money,  sits  down,  for  the  re- 
mainder of  his  life,  infamous  and  contented. 

I  believe,  my  Lord,  I  may  now  take  my  leave  of  you 
fin'  ever.  You  are  no  longer  that  resolute  minister,  who 
had  spirit  to  support  the  most  violent  measures ;  who 
compensated  for  the  want  of  good  and  great  qualities,  by 
a  brave  determination  (which  some  people  admired  and 
relied  on)  to  maintain  himself  without  them.  The  repu- 
tation of  obstinacy  and  perseverance  might  have  supplied 
the  place  of  all  the  absent  virtues.  You  have  now  added 
the  last  negative  to  your  character,  and  meanly  confessed 
that  you  are  destitute  of  the  common  spirit  of  a  man. 
Retire,  then,  my  Lord,  and  hide  your  blushes  from  the 
world;  for,  with  such  a  load  of  shame,  even  black  may 
change  its  colour.  A  mind  such  as  yours,  in  the  solitary 
hours  of  domestic  enjoyment,  may  still  find  topics  of 
consolation.  You  may  find  it  in  the  memory  of  violated 
friendship  ;  in  the  afflictions  of  an  accomplished  prince, 
whom  you  have  disgraced  and  deserted ;  and  in  the  agi- 
tations of  a  great  country,  driven,  by  your  counsels,  to 
the  brink  of  destruction. 

The  palm  of  ministerial  firmness  is  now  transferred  to 
Lord  North.  He  tells  us  so  himself,  with  the  plenitude 
of  the  ore  rotundo  ^  ;  and  I  am  ready  enough  to  believe, 
that,  while  he  can  keep  his  place,  he. will  not  easily  be 
persuaded  to  resign  it.  Your  Grace  was  the  firm  minis- 
ter of  yesterday  :  Lord  North  is  the  firm  minister  of  to- 
day. To-morrow,  perhaps,  his  Majesty,  in  his  wisdom, 
may  give  us  a  rival  for  you  both.  Vou  are  too  well  ac- 
quainted with  the  temper  of  your  late  allies,  to  tliink  it 
possible  that  Lord  North  should  be  permitted  to  govern 
this  country,  if  we  may  believe  common  fame,  they 
have  shown  him  their  superiority  already.  His  Majesty  is 
indeed  too  gracious  to  insult  his  subjects,  by  choosing  his 
first  minister  from  among  the  domestics  of  the  Duke  of 
Bedford.  That  would  have  been  400  gross  an  outrage  to 
the  three  kingdoms.  Their  purpose,  hov/ever,  is  equally 
answered  by   pushing  forward  this  unhappy   figure,  and 


5>rcing  it  t©  bear  the  odium  of  measures  which  they 
Reality  direct.  Without  immediately  appearing  to  govern!^ 
they  possess  the  po^ver  and  distribute  the  emohiments  of 
|rovernment  as  they  think  proper.  They  still  adhere  to 
•.r»e  spirit  of  that  calculation,  which  made  Mr.  Luttrell 
representative  of  Middlesex.  Far  from  regretting  your 
retreat,  they  assure  us  very  gravely,  that  it  increases  the 
real  strength  of  the  ministry.  According  to  this  way  of 
reasoning,  they  will  probably  grow  stronger,  and  more 
flourishing,  every  hour  they  exist;  for  I  think  there  is 
hardly  a  day  passes  in  winch  some  one  or  other  of  his 
Majesty's  servants  does  not  leave  them  to  improve  by  the 
loss  of  his  assistance.  But,  alas  1  their  countenances  speak 
a  different  language.  When  the  members  drop  off,  the 
main  body  cannot  be  insensible  of  its  approaching  dissolu- 
tion. Even  the  violence  of  their  proceedings  is  a  signal 
of  despair.  Like  broken  tenants,  who  have  had  warn- 
ing to  quit  the  premises,  they  curse  their  landlord,  de- 
stroy the  fixtures,  throw  every  thing  into  confusion,  and 
oare  not  what  mischief  they  do  to  the  estate. 

Junius, 


LETTER  XXXVIL 


TO  THE    PRINTKR  OF    THi:    PUBLIC    ADVERTISER. 

.dIR,  March  19.  l/ro. 

I  BELIEVE  there  is  no  man,  however  indifferent 
about  the  interests  of  this  country,  who  will  not  readily 
Confess  that  the  situation  to  which  we  are  now  reduced, 
whether  it  has  arisen  from  the  violence  of  faction,  or  from 
an  arbitary  system  of  government,  justifies  the  most  me- 
lancholy apprehensions,  and  calls  for  the  exertion  of 
■whatever  wisdom  or  vigour  is  left  among  us.  The  king's 
answer  to  the  remonstrance  of  the  city  of  London,  and 
the  measures  since  adopted  by  the  ministry,  amount  to  a 
plain  declaration,  that  the  principle,  on  which  Mr.  Lut- 
trell was  seated  in  the  House  of  Commons,  is  to  be  sup- 
ported in  all  its  consequences,  and  carried  to  its  utmost 
extent.  The  same  sjj^rit  which  violated  the  freedom  of 
election,  now  invades  the  declaration  and  bill  of  rights, 
and  threatens  to  punish  the  subject  for  exercising  a  privi? 


1 4  'J 

lege,  hitherto  undisputed,  of  petitioning  the  crown.  *f  he 
grievances  of  the  people  are  aggravated  by  insults ;  theif 
complaints  not  merely  disregarded,  but  checked  by  autho- 
rity ;  and  every  one  of  those  acts,  against  which  they  re- 
monstrated, confirmed  by  the  King^s  decisive  approbation. 
At  such  a  moment,  no  honest  man  will  remain  silent  or 
inactive.  However  distinguished  by  rank  or  property,  in 
the  rights  of  freedom  we  are  all  equal.  As  we  are  Eng- 
lishmen, the  least  considerable  man  among  us  has  an  in- 
terest equal  to  the  proudest  nobleman,  in  the  laws  and 
constitution  of  his  country,  .and  is  equally  called  upon  to 
make  a  generous  contribution  in  support  of  them  ; — whe- 
ther it  be  the  heart  to  conceive,  the  understanding  to  di- 
rect j  or  the  hand  to  execute.  It  is  a  common  cause,  in 
which  we  are  all  interested,  in  which  we  should  all  be  en- 
gaged. The  man  w4io  deserts  it  at  this  alarming  crisis, 
is  an  enemy  to  his  country,  and,  what  I  think  of  infinitely 
less  importance,  a  traitor  to  his  sovereign.  The  subject 
who  is  truly  loyal  to  the  chief  magistrate,  will  neither  ad- 
vise nor  submit  to  arbitrary  measures.  The  city  of  Lon- 
don have  given  an  example,  which,  I  doubt  not,  will  be 
followed  by  the  whole  kingdom.  The  noble  spirit  of  the 
metropolis  is  the  life-blood  of  the  state,  collected  at  the 
heart:  from  that  point  it  circulates,  with  health  and  vi- 
gour, through  every  artery  of  the  constitution.  The  time 
is  come,  when  the  body  of  the  English  people  must  assert 
their  own  cause :  conscious  of  their  strength,  and  ani- 
mated by  a  sense  of  their  duty,  they  will  not  surrender 
their  birthrights  to  ministers,  parliaments,  or  kings. 

Tlie  city  of  London  have  expressed  their  sentiments 
with  freedom  and  firmness ;  they  have  spoken  truth  bold- 
ly ;  and,  in  whatever  light  their  remonstrance  may  be  re- 
presented by  coiu'tiers,  I  defy  the  most  subtle  lawyer  in 
this  country  to  point  out  a  single  instance  in  which  they 
have  exceeded  the  truth.  Even  that  assertion,  which  we 
are  told  is  most  offensive  to  parliament,  in  the  theory  of 
the  English  constitution,  is  strictly  true.  If  any  part  of 
the  representative  body  be  not  chosen  by  the  people,  that 
part  vitiates  and  coirupts  the  whole.  If  there  be  a  defect 
in  the  representation  of  the  people,  that  power,  which, 
alone  is  equal  to  the  making  of  the  laws  in  this  country, 
is  not  completes  and  the  acts  of  parliament  under  that 

L    2 


'150 

Circumstance  arc  not  the  acts  of  a  pure  and  entire  legisla- 
ture. I  speak  of  the  theory  of  our  constitution ;  and 
whatever  difficulties  or  inconveniences  may  attend  the 
practice,  I  am  ready  to  maintain,  that  as  far  as  the  fact  de- 
viates from  the  principle,  so  far  the  practice  is  vicious  and 
corrupt.  I  have  not  heard  a  question  raised  upon  any 
other  part  of  the  remonstrance.  That  the  principle  on 
which  the  Middlesex  election  was  determined,  is  more 
pernicious  in  its  effects  than  either  the  levying  of  ship-mG- 
iiey  by  Charles  the  First,  or  the  suspending  power  assumed 
by  his  son,  will  hardly  be  disputed  by  any  man  who  un- 
derstands or  wishes  well  to  the  English  constitution.  It  is 
not  an  act  of  open  violence  done  by  the  King,  or  any  direct 
or  palpable  breach  of  the  laws  attempted  by  his  miTiisteK, 
that  can  ever  endanger  the  liberties  of  this  country.  Against 
euch  a  king  or  minister,  the  people  would  immediately  take 
the  alarm,  and  all  the  parties  unite  to  oppose  him.  The  laws 
may  be  grossly  violated  in  particular  instances,  without  any 
direct  attack  upon  the  whole  system.  P'acts  of  that  kind 
stand  alone;  they  are  attributed  to  necessity,  not  defended 
by  principle^  We  can  never  be  really  in  danger,  until  the 
:'c;rms  of  parliament  are  made  use  of  to  destroy  the  substance 
»f>f  our  civil  and  political  liberties  ;■ — until  parliament  itself 
Ife-ctrays  its  trust,,  by  contributing  to  establish  new  principles 
<6f  government,  and  employing  the  very  weapons  committed 
io  it  by  the  collective  body,  to  stab  the  constitution. 

As  for  the  terms  of  the  remonstrance,  I  presume  it  will 
TiOt  be  affirmed,  by  any  person  less  polished  than  a  gentle- 
man-uslier,  that  this  is  a  season  for  compliments.  Our 
rgracious  King,  indeed,  is  abundantly  civil  to  himself.  In- 
stead of  an  answer  to  a  petition,  his  Majesty  very  gra- 
ciously pronounces  his  own  panegyric;  and  I  confess, 
that,  as  far  as  his  personal  behaviour,  or  the  royal  purity 
of  his  intentions,  is,  concerned,  the  truth  of  those  declara- 
tions, which  the  minister  has  drav/n  up  for  his  master, 
cannot  decently  be  disputed.  In  every  other  respect,  I 
uffirm,  that  they  are  absolutely  unsupported  either  in  ar- 
.^ument  or  fact.  I  must  add  too,  that  supposing  the 
Deech  were  otherwise  unexceptionable,  it  is  not  a  direct 
answer  to  the  petition  of  the  city.  His  Majesty  is  pleased 
^  say,,  that  ho.  is  alv/ays  ready  to  receive  the  requests  of 
hh-  subjects  ^"   yet  the  sheriixs  were  twiQC  S£nt  back  with  aii. 


151 

excuse,  and  it  was  certainly  debated  in  council  whether  or 
no  the  magistrates  of  the  city  of  London  should  be  admit- 
ted to  an  audience.     Whether  the  remonstrance  be  or  be 
not  injurious  to  parliament,  is  the  very  question   between 
the  parliament    and  the    people  ;  and  such  a  question  as 
cannot  be  decided  by  the  assertion  of  a  third  party,  how- 
ever  respectable.     That  the  petitioning  for  a  dissolution 
of  parliament  is  irreconcilable  with  the  principles  of  the 
constitution,  is  a  new  doctrine.      His  majesty  perhaps  has 
not    been  informed,    that  the  house  of  Commons  them- 
selves have,  by  a  formal  resolution,  admitted  it  to  be  the 
right  of  the  subject.     His  Majesty  proceeds  to  assure  us, 
that  he  has  made  the  laws  the  rule  of  his  conduct.— Was 
it  in  ordering  or  permitting  his  ministers  to  apprehend 
Mr.  Wilkes  by  a  general  warrant  r — Was  it  in  suifering; 
his  ministers  to  revive  the  obsolete  maxim  of  7iullum  t em- 
pus  to  rob  the  Duke  of   Portland  of   his   property,    and 
thereby  give  a  decisive  turn  to  a  county  election  ? — Wae 
it  in   erecting  a  chamber  consultation   of  surgeons,  with 
authority  to  examine  into,  and  supersede  the  legal  verdict 
of  a  jury  ?    Or  did  his  Majesty  consult  the  laws  of  this- 
country,  when,  he  permitted   his  secretary  of  state  to  de- 
clare, that,  whenever  the   civil  magistrate  is  trifled  with, 
a  military  force  must  be  sent  for,  without  the  delay  of  a 
moment,  and  effectually  employed  ?  Or  was  it  in  the   bar- 
barous exactness  with  v/hich  this  illei^al,  inhuman,  doc* 
trine  was  carried  into  execution  ? — If  his  Majesty  had  re- 
collected these  facts,  1  think  he  would  never  have  said,  at 
least  with   any  reference  to-  the  naeasures  of  his   govern- 
m^ent,  that   he  had  made  the  laws  the  rule  of  his  conduct. 
To  talk  of  preserving  the  affectione,  or  relying  on  the  sup- 
port of  his  subjects,  while  he  continues  to  act  upon  these 
principles,  is  indeed  paying  a  compliment  to  their  loyalty, 
which  I  hope  they  have  too  much  spirit  and  understanding 
to  deserve. 

His  Majesty,  we  are  told,  is  not  only  punctual  in  the 
performance  of  his  own  duty,  but  careful  not  to  assume 
any  of  those  powers  which  tlie  constitution  has  placed  in 
other  hands.  Admitting  this  last  assertion  to  be  strictly 
true,  it  is  no  way  to  the  purpose.  The  city  of  Londgn 
have  not  desired  the  King  to  assume  a  power  placed  in 
*3Ui«r  hands.     If  they  had,  l-sho^jld  hope  to  See  the  por- 


152^ 

ioii,  ^yho  dared  to  present  such  a  petition^  immediately 
impeached.  They  solicit  their  sovereign  to  exert  that  con- 
stitutional authority,  which  the  laws  have  vested  in  him, 
for  the  benefit  of  his  subjects.  They  call  upon  him  to 
make  use  of  his  lawful  prerogative,  in  a  case  which  our 
laws  evidently  supposed  might  happen,  since  they  have 
provided  for  it  by  trusting  the  sovereign  with  a  discre- 
tionary power  to  dissolve  the  parliament.  This  request 
will,  I  am  confident,  be  supported  by  remonstrances  from 
all  parts  of  the  kingdom.  His  Majesty  will  find  at  last, 
that  this  is  the  sense  of  his  people  ;  and  that  it  is  not  his 
interest  to  support  either  ministry  or  parliament,  at  the 
hazard  of  a  breach  with  the  collective  body  of  his  subjects. 
< — That  he  is  the  king  of  a  free  people,  is  indeed  his  greatest 
glory.  That  he  may  long  continue  the  king  of  a  free 
people,  is  the  second  wish  that  animates  my  heart.  The 
first  is,  THAT  THE  people  may  be  free^\ 

Junius.. 


LETTER  XXXVIIL 


TO    THE    PRINTER    OF    THE    PUBLIC    ADVERTISER. 

SIR,  April  3.  1770. 

In  my  last  letter,  I  offered  you  my  opinion  of 
the  truth  and  propriety  of  his  Majesty's  answer  to  the  city 
of  London,  considering  it  merely  as  the  speech  of  a  mi- 
rister,  drawn  up  in  his  own  defence,  and  delivered,  as 
usual,  by  the  chief  magistrate.  1  would  separate  as  much 
as  possible,  the  King's  personal  character  and  behaviour 
from  the  acts  of  the  pi^esent  government.  I  wish  it  to  be 
understood  that  his  Majesly  had  in  effect  no  more  concern 
in  the  substance  of  what  he  said,  than  Sir  James  Hodges 
Lad  in  the  remonstrance  ;  and  that  as  Sir  James,  in  virtue 
of  his  ofnce,  was  obliged  to  speak  the  sentiments  of  the 
people,  his  Majesly  might  think  himself  bound,  by  the 
same  oilicial  obligation,  to  give  a  graceful  utterance  to  the 
sentiments  of  his  minister.  The  cold  formality  of  a  well 
repeated  lesson  is  widely  distant  from  the  animated  exprcs- 
rjon  of  the  heart. 

Tiiis  distinction,  however,  is  only  true  with  respect  to 
tl '    *•  rif:M>'"  ?.t^- :'f     The  consequences  of  it  reach  beyond 


i5i 

the  niinister,  and  materiaiiy  affect  his  Majesty's  hoxioiit:. 
In  their  own  nature  they  are  formidable  enough  to  alarnj 
a  man  of  prudence,  and  disgraceful  enough  to  afflict  a  man 
of  spirit.  A  subject,  whose  sincere  attachment  to  his 
Majesty's  person  and  family  is  founded  upon  rational  prin- 
ciples, will  not,  in  the  present  conjuncture,  be  scrupulcUvSi 
of  alarming,  or  even  of  afflicting  his  sovereign.  I  know- 
there  is  another  sort  of  loyalty,  of  which  his  Majesty  has 
had  plentiful  experience.  When  the  loyalty  of  Tories, 
Jacobites,  and  Scotchmen,  has  once  taken  possession  of  an 
unhappy  prince,  it  seldom  leaves  him  without  accomplish- 
ing his  destruction.  When  the  poison  of  their  doctrines 
has  ihinted  the  natural  benevolence  of  his  disposition, 
when  their  insidious  counsels  have  corrupted  the  stamina 
of  his  government,  what  antidote  can  restore  him  to  his 
political  health  and  honour,  but  the  firm  sincerity  of  his 
English  subjects? 

It  has  not  been  usual  in  this  country,  at  least  since  the 
liays  of  Charles  the  First,  to  see  the  sovereign  personally 
at  variance  or  engaged  in  a  direct  altercation  with  his  sub- 
jects. Acts  of  grace  and  indulgence  are  wisely  appropriated 
to  him,  and  should  constantly  be  performed  by  himself. 
He  never  should  appear  but  in  an  amiable  light  to  his  sub- 
jects. Even  in  France,  as  long  as  any  ideas  of  a  limited 
monarchy  were  thought  worth  preserving,  it  was  a  maxinv^ 
that  no  man  should  leave  the  royal  presence  discontented. 
They  have  lost  or  renounced  the  moderate  princij^les  of 
their  government ;  and  now  when  their  parliaments  ven- 
ture to  remonstrate,  the  tyrant  comes  forward,  and  an- 
swers absolutely  for  himself.  The  spirit  of  their  pre- 
sent constitution  requires  that  the  king  should  be  fear- 
ed ;  and  the  principle,  I  believe,  is  tolerably  supported  by 
the  fact.  But,  in  our  political  system,  the  theory  is  at  va- 
riance with  the  practice;  for  the  king  should  be  beloved» 
Measures  of  great  severity  may,  indeed,  in  some  circum- 
stances, be  necessary ;  but  the  minister  who  advises,  should 
take  the  execution  and  odium  of  them  entirely  upon  him- 
self. He  not  only  betrays  his  master,  but  violates  the 
spirit  of  the  English  constitution,  when  he  exposes  the 
chief  magistrate  to  the  personal  hatred  or  contempt  of  his 
subjects.  When  we  spealv  of  the  firmness  of  government, 
we  mean  an  uniform   system   of  measures^  deliberately 


154 

adopted,  and  resolutely  maintained,  by  the  servants  of 
the  Crown,  not  a  peevish  asperity  in  the  language  or 
behaviour  of  the  Sovereign.  The  government  of  a  weak 
irresolute  monarch  may  be  wise,  moderate,  and  firm  ;  that  ; 
of  an  obstinate  capricious  prince,  on  the  contrary,  may  be  ' 
feeble,  undetermined,  and  relaxed.  The  reputation  of 
public  measures  depends  upon  the  minister,  who  is  respon- 
sible ;  not  upon  the  king,  whose  private  opinions  are  not 
supposed  to  have  any  weight  against  the  advice  of  his 
council,  and  whose  personal  authority  should  therefore 
never  be  interposed  in  public  affairs. — This  I  believe  is 
true  constitutional  doctrine-  But  for  a  moment  let  us 
suppose  it  false.  Let  it  be  taken  for  granted,  that  an  oc- 
casion may  arise  in  which  a  King  of  England  shall  be 
compelled  to  take  upon  himself  the  ungrateful  office  of  re- 
jecting the  petitions,  and  censuring  the  conduct  of  his 
subjects ;  and  let  the  city  remonstrance  be  supposed  to  have  ) 
created  so  extraordinary  an  occasion.  On  this  principle,  . 
which  I  presume  no  friend  of  administration  will  dispute, 
let  the  wisdom  and  spirit  of  the  ministry  be  examined. 
They  advise  the  king  to  hazard  his  dignity,  by  a  positive 
declaration  of  his  own  sentiments. — ^They  suggest  to  hinri 
a  language  full  of  severity  and  reproach.  What  follows? 
When  his  Majesty  had  taken  so  decisive  a  part  in  support 
of  his  ministry  and  parliament,  he  had  a  right  to  expect 
from  them  a  reciprocal  demonstration  of  firmness  in  thei^ 
own  cause,  and  of  their  zeai  for  his  honour.  He  had  rea- 
son to  expect  (and  such,  I  doubt  not,  were  the  blustering 
promises  of  Lord  North),  that  the  persons  whom  he  had 
been  advised  to  charge  with  having  failed  in  their  respect 
to  him,  with  having  injured  parliament  and  violated  the 
principles  of  the  constitution,  should  not  have  been  per- 
miitted  to  escape  v^ithout  some  severe  marks  of  the  displea- 
sure and  vengeance  of  parliament.  As  the  matter  stands, 
the  minister,  after  placing  his  sovereign  in  the  most  unfa- 
vourable light  to  his  subjects,  and  after  attempting  to  fix  the 
ridicule  and  odium  of  his  own  precipitate  measures  upon 
the  royal  character,  leaves  him  a  solitary  figure  upon  the 
scene,  to  recal,  if  he  can,  or  to  compensate,  by  future 
compliances,  for  one  imhappy  demonstration  of  ill-sup- 
ported firmness  and  ineffectual  resentment.  As  a  man  of 
spirit,  his  Majesty  cannot  but  be  sensible,  that  the  lofty 


155 

terms  in  which  he  was  persuaded  to  reprimand  the  city, 
when  united  with  the  silly  conclusion  of  the  businessj  re- 
semble the  pomp  of  a  mock-tragedy,  where  the  most  pa- 
thetic sentiments,  and  even  the  sufferings  of  the  hero,  are 
calculated  for  derision. 

Such  has  been  the  boasted  firmness  and  consistency  of 
a  minister  %  whose  appearance  in  the  House  of  Commons 
was  thought  essential  to  the  King's  service  ; — whose  pre- 
sence was  to  influence  every  division  ; — who  had  a  voice 
to  persuade,  an  eye  to  penetrate,  a  gesture  to  command. 
The  reputation  of  these  great  qualities  has  been  fatal  to 
his  friends.  The  little  dignity  of  Mr.  Ellis  has  been  com- 
mitted. The  mind  was  sunk ; — combustibles  were  pro- 
vided ;  and  Welbore  Ellis,  the  Guy  1  aux  of  the  fable, 
waited  only  for  the  signal  of  command.  All  of  a  sudden 
the  country  gentlemen  discover  hov/  grossly  they  have 
been  deceived  : — the  ministers*s  heart  fails  him  ;  the  grand 
plot  is  defeated  in  a  moment ;  and  poor  Mr.  Ellis  and  his 
motion  taken  into  custody.  From  the  event  of  Friday  last, 
one  would  imagine  that  some  fatality  hung  over  this  gen- 
tleman. Whether  he  makes  or  suppresses  amotion,  he  is 
equally  sure  of  his  disgrace.  But  the  complexion  of  the 
times  will  suffer  no  man  to  be  vice-treasurer  of  Ireland  with 
impunity  ^ . 

I  do  not  mean  to  express  the  smallest  anxiety  for  the 
minister's  reputation.  He  acts  separately  for  himself^  and 
the  most  shameful  inconsistency  may  perhaps  be  no  dis- 
grace to  him.  But  when  the  sovereign,  who  represents 
the  majes'.y  of  the  state,  appears  in  person,  his  dignity 
should  be  supported.  The  occasion  should  be  important ; — 
the  plan  well  considered  ; — the  execution  steady  and  consist- 
ent. My  zeal  for  his  Majesty's  real  honour  compels  me  to 
assert,  that  it  has  been  too  much  the  system  of  the  present 
reign  to  introduce  him  personally,  either  to  act  for,  or  to 
defend  his  servants.  They  persuade  him  to  do  what  is  pro- 
perly their  business,  and  desert  him  in  the  midst  of  it  ^. 
lYet  this  is  an  inconvenience  to  which  he  must  for  ever  be 
exposed,  while  he  adheres  to  a  ministry  divided  among 
tiieniselvcs,  or  unequal  in  credit  and  ability  to  the  great  task 
tliey  have  undertaken.  Instead  of  reserving  the  interposi- 
tion of  the  royal  personage  as  the  last  resource  of  govern- 
ment,   their  v/eaknesfj  obliges  them  to  apply  it  to  every 


156 

ordinary  ©ccaSion,  and  to  render  it  cheap  and  ccmiTion  in 
the  opinion  of  the  people.  Instead  of  supporting  their  mas- 
ter,  they  look  to  him  for  support  ;  and,  for  the  emolu- 
ments of  remaining  one  day  more  in  office,  care  not  how 
much  his  sacred  character  is  prostituted  and  dishonoured. 

If  I  thought  it  possible  for  this  paper  to  reach  the  closet, 
I  would  venture  to  appeal  at  once  to  his  Majesty's  judg- 
ment. I  would  ask  him,  but  in  the  most  repectful  terms, 
**  As  yovi  are  a  young  man,  Sir,  who  ought  to  have  a  life 
"  of  happiness  in  prospect ; — as  you  are  a  husband  ; — as 
**  you  are  a  father  (your  filial  duties,  I  own,  have  been 
"  religiously  performed) ;  is  it  bona  fide  for  your  interest  or 
♦^  your  honour,  to  sacrifice  your  domestic  tranquility,  and 
"  to  live^in  a  perpetual  disagreement  with  your  people, 
"  merely  to  preserve  such  a  chain  of  beings  as  North,  Bar- 
^  rington,  Weymouth,  Gower,  Ellis,  Onslow,  Kigby,  Jer- 
"  ry  Dyson,  and  Sandwich  ?  'ilieir  very  names  are  a  satire 
^'  upon  all  government ;  and  I  defy  the  gravest  of  your 
*'  chaplains  to  read  the  catalogue  without  laughing," 

For  my  own  part.  Sir,  I  have  always  considered  ad- 
dresses from  parliament,  as  a  fashonable  unmeaning  for- 
mality. Usurpers,  idiots,  and  tyrants,  have  been  succes- 
sively complimented  with  almost  the  same  professions  of 
duty  and  affection.  But  let  us  suppose  them  to  mean  ex- 
actly what  they  profess.  The  consequences  deserve  to  be 
considered.  Either  the  sovereign  is  a  man  of  high  spi- 
rit and  dangerous  ambition,  ready  to  take  advantage  of 
the  treachery  of  his  parliament,  ready  to  accept  the  surren- 
der they  make  him  of  the  public  liberty  ; — or  he  is  a  mild, 
undesigning  prince,  who  provided  they  indulge  him  with 
a  little  state  and  pageantry,  would  of  himself  intend  no 
mischief.  On  the  first  supposition,  it  must  soon  be  de- 
cided by  the  sword,  whether  the  constitution  should  be 
lost  or  preserved.  On  the  second,  a  prince  no  ^vay  qua- 
lified for  the  execution  of  a  great  and  hazardous  enter- 
prise, and  without  any  determined  object  in  view,  ;may 
nevertheless  be  driven  into  such  desperate  measures,  as 
may  lead  directly  to  his  ruin,  or  disgrace  himself  by  a 
shameful  fluctuation  between  the  extremes  of  violence  at 
one  moment,  and  timidity  at  another.  The  minister,  per- 
haps, may  have  reason  to  be  satisfied  with  the  success  of 
the  present  hcur,  and  with  the  profits  ^  hisemploymer- 


157 

He  is  the  tenant  of  the  day,  and  has  no  interest  in  the  in- 
heritance.    The  sovereign  himself  is  bound  by  other  obli- 
gations ;  and  ought  to  look  forward  to  a  superior,  a  per- 
manent interest.     His  paternal  tenderness  should  remind 
him,  how  many  hostages  he  has  given  to  society.     The 
ties  of  nature  come  powerfully  in  aid  of  oaths  and  pro- 
testations.    The  father,  who  considers  his  own  precarious 
state  of  health,  and  the  possible  hazard  of  a  long  minori- 
ty, will  wish  to  see  the  family  estate  free  and  unencum- 
bered^.    What  is   the   dignity   of  the  crown,  though   it 
were  really  maintained ; — what  is   the  honour  of  parlia- 
ment, supposing  it  could  exist  without  any  foundation  of 
integrity  and  justice  ; — er  what  is  the  vain  reputation  of 
firmness,  even  if  the  scheme  of  the  government  were  uni- 
form and   consistent,  compared  with  the  heart-felt  affec- 
tions of  the  people,  with  the  happiness  and  security  of  the 
Royal   Family,  or  even  with  the  grateful  acclamations  of 
the  populace  ?    Whatever  style  of  contempt  may  be  adopt- 
ed by  ministers  or  parliaments,  no  man  sincerely  despises 
the  voice  of  the  English  nation.     The  house  of  Commons 
are  only  interpreters,  whose  duty  it  is  to  convey  the  sense 
of  the  people  faithfully  to  the  crown.     If  the  interpretation 
be  false  or  imperfect,  the  constituent  powers  are  called  up- 
on to  deliver  their  own  sentiments.     Their  speech  is  rude, 
but  intelligible  ; — their  gestures  fierce,  but  full  of  explana- 
tion.    Perplexed   by   sophistries,  their   honest   eloquence 
rises  into  action.     Their  first  appeal  was  to  the  integrity  of 
their  representatives  ; — the  second  to  the  king's  justice  ; — 
the  last  argument  of  the  people,  whenever  they  have  re- 
course to  it,  will  carry  more  perhaps  than  persuasion  to 
parliament,  or  supplication  to  the  throne. 

Junius* 


LETTER  XXXIX. 


TO    THE    PRINTER    OF    THE    PUBLIC    ADVERTISER. 

SIR,  May  28.  1770. 

While  parliament  was  sitting,  it  would  neither 
have  been  safe,  nor  perhaps  quite  regular,  to  offer  any 
opinion  to  the  public,  upon  the  justice  or  wisdom  of  their 
proceedings.     To  pronounce   fairly  upon  their  conduct, 


158 

>t  was  necessary  to  wait  until  we  could  consider,  in  one 
view,  the  beginning,  progress,  and  conclusion  of  their 
deliberations.  The  cause  of  the  public  was  undertaken 
and  supported  by  men,  whose  abiiiiies  and  united  autho- 
rity, to  say  nothing  of  the  advantageous  ground  they 
stood  on,  might  well  be  thought  sufficient  to  determine  a 
popular  question  "in  favour  of  the  people.  Neither  was 
the  House  of  Commons  so  absolutely  engaged  in  defence 
of  the  ministry,  or  even  of  their  own  resolutions,  but  that 
they  might  have  paid  some  decent  regard  to  the  known 
disposition  of  their  constituents  :  and,  without  any  disho- 
iiour  to  their  firmness,  might  have  retracted  an  opinion 
too  hastily  adopted,  when  they  saw  the  alarm  it  liad  cre- 
ated, and  how  strongly  it  was  opposed  by  the  general 
sense  of  the  nation.  The  ministry  too  would  have  con- 
sulted their  own  immediate  interest,  in  making  some 
concession  satisfactory  to  the  moderate  part  of  the  peo- 
ple. Without  touching  the  fact,  they  might  have  con- 
sented to  guard  against,  or  give  up  the  dangerous  prin- 
ciple on  v/hich  it  was  established.  In  this  state  of  things, 
I  think  it  was  highly  improbable  at  the  beginning  of  the 
session,  that  the  com.plaints  of  the  people,  upon  a  matter 
which,  in  their  apprehension  at  least,  immediately  affected 
the  life  of  the  constitution,  would  be  treated  with  as 
much  contempt  by  their  own  representativ^es,  and  by  the 
House  of  Lords,  as  they  had  been  by  the  other  branch 
of  the  legislature.  Desparing  of  their  integrity,  we  had 
a  right  to  expect  something  from  their  prudence,  and 
^something  from  their  fears.  The  Duke  of  Grafton  cer* 
tainly  did  not  foresee  to  what  an  extent  the  corruption  €■■ 
a  Darliamcnt  might  be  carried.  He  thought,  perhaps,  thai 
there  was  still  some  portion  of  shame  or  virtue  left  in  the 
majority  of  iht  House  of  Commons,  or  that  there  was  <> 
line  in  public  prostitution  beyond  which  they  would  scruph^ 
to  proceed.  Had  the  young  man  been  but  a  little  more  prac 
tised  in  the  world,  or  had  he  ventured  to  measure  the  cha~ 
racters  of  other  men  by  his  own,  he  would  not  have  beer 
50  easily  discouraged. 

The  prorogation  of  parliament  naturally  calls  upon  ur 
to  revievr' their  proceedings,  and  to  consid^^r  the  conditio!^ 
in  which  they  left  the  kingdom.  I  do  riot  question  bu^ 
^bey  have  clone  what  is  usually  called  the  king  s  businessr 


.159 

much  to  his  Majesty's  satisfaction.  We  have  only  to  la- 
ment, that,  in  consequence  of  a  system  introduced  or  re- 
vived in  the  present  reign,  this  kind  of  merit  should  be 
very  consistent  with  the  neglect  of  every  duty  they  owe 
to  the  nation.  The  interval  between  the  opening  of  the 
last  and  close  of  the  former  session  was  longer  than  usu- 
al. Whatever  were  the  views  of  the  minister  in  defer« 
ring  the  meeting  of  parliament,  sufficient,  time  was  cer- 
tainly given  to  every  member  of  the  House  of  Commons, 
to  look  back  upon  the  steps  he  had  taken  and  the  conse- 
quences they  had  produced.  The  zeal  of  party,  the  vio- 
lence of  personal  animosities,  and  the  heat  of  contention, 
had  leisure  to  subside.  From  that  period,  whatever  reso- 
lution they  took  was  deliberate  and  prepense.  In  the 
preceding  session,  the  dependants  of  the  ministry  had  af- 
fected to  believe,  tliat  the  final  determination  of  the  ques- 
tion would  have  satisfied  the  nation,  or  at  least  put  a  stop 
to  their  complaints  ;  as  if  the  certainty  of  an  evil  could 
diminish  the  sense  of  it,  or  the  nature  of  injustice  could 
be  altered  by  decision.  But  they  found  the  people  of 
England  were  in  a  temper  very  distant  from  submission ; 
and  although  it  was  contended  that  the  House  of  Com- 
mons could  not  themselves  reverse  a  resolution,  which 
had  the  force  and  effect  of  a  judicial  sentence,  there 
were  other  constitutional  expedients,  vfhich  would  have 
given  a  security  against  any  similar  attempts  for  the 
future.  The  general  proposition,  in  which  the  whole 
country  had  an  interest,  might  hiive  been  reduced  to  a 
particular  fact,  in  which  Mr.  ^Vilkes  and  Mr.  Luttreli 
would  alone  have  been  concerned.  The  House  of  Lords 
might  interpose  ; — the  King  might  dissolve  the  parliament ; 
—or,  if  every  other  resource  failed,  there  still  lay  a  grand 
constitutional  writ  of  error,  in  behalf  of  the  people,  from 
the  decision  of  one  court  to  the  wisdom  of  the  whole  le- 
gislature.  Every  one  of  these  remedies  has  been  succes- 
sively attempted.  The  people  performed  their  part  with 
dignity,  spirit,  and  perseverance.  For  many  months  his 
Majesty  heard  nothing  from  his  people  but  the  language 
of  complaint  and  resentment ; — unhappily  for  the  coun- 
try, it  was  the  triumph  of  his  courtiers  that  he  heard  it 
with  an  indifference  approaching  to  contempt. 

The   House  of  Com-mons  having  assumed  a  po" —    *' 


\66 

kno^m  to  the  coTJstitution,  were  determined  not  merely 
to  support  it  in  the  single  instance  in  question,  but  to 
maintain  the  doctrine  in  its  utmost  extent,  and  to  esta- 
blish the  fact  as  a  precedent  in  law,  to  be  applied  in  what- 
ever manner  liis  Majesty's  servants  should  hereafter  think 
fit.  Their  proceedings  upon  this  occasion  are  a  stron^^ 
proof  that  a  decision,  in  the  first  instance  illegal  and  un- 
just, can  only  be  supported  by  a  continuation  of  falsehood 
and  injustice.  To  support  their  former  resolutions,  they 
were  obliged  to  violate  some  of  the  best  known  and  esta- 
blished rules  of  the  House.  In  one  instance,  they  went 
so  far  as  to  declare,  in  open  defiance  of  truth  and  <  om*- 
mon  sense,  that  it  was  not  the  rule  of  the  House  to  divide 
a  complicated  question  at  the  request  of  a  member  ^^ . 
But  after  trampling  v^pon  the  laws  of  the  land,  it  was  not 
wonderful  that  they  should  treat  the  private  regulations  of 
their  own  assembly  with  equal  disregard.  The  Speaker, 
being  young  in  ofhce,  began  with  pretended  ignorance, 
and  ended  with  deciding  for  the  ministry.  We  were  not 
surprised  at  the  decision ;  but  he  hesitated  and  blushed  at 
hisov/n  baseness,  and  every  man  was  astonished  ^. 

The  interest  of  the  public  was  vigorously  supported  in 
the  House  of  Lords.  Their  right  to  defend  the  consti- 
tution against  an  encroachment  of  the  other  estates,  and 
the  necessity  of  exerting  it  at  this  period,  was  urged  to 
them  with  every  argument  that  could  be  supposed  to  in- 
fluence the  heart  or  the  understanding.  But  it  soon  ap- 
peared that  they  had  already  taken  their  part,  and  were 
determined  to  support  the  House  of  Commons,  not  only 
at  the  expence  of  truth  and  decency,  but  even  by  a  sur- 
render of  their  own  most  important  rights.  Instead  of 
performing  that  duty  which  the  constitution  expected 
from  them,  in  return  for  the  dignity  and  independence 
of  their  station,  in  return  for  the  hereditary  share  it  has 
given  them  in  the  legislature,  the  majority  of  them  made 
common  cause  with  the  other  House,  in  oppressing  the 
people,  and  established  another  doctrine  as  false  in  itelf, 
and  if  possible  more  pernicious  to  the  constitution,  than 
that  on  which  the  Middlesex  election  was  determined. 
By  resolving,  "  that  they  had  no  right  to  impeach  a  judg- 
"  ment  of  the  House  of  Commons  in  any  case.whatso- 
^^  ever,  where  that  House  has  a  competent  jurisdiction,'* 


161 

they  in  effect  gave  up  that  constitutional  check  juid  reci- 
procal control  of  one  branch  of  the  legislature  over  the 
other;  which  is  perhaps  the  greatest  and  most  im- 
portant object  provided  for  by  the  division  of  the  whole 
legislative  power  into  three  estates:  and  now,  let  the  ju- 
dicial decisions  of  the  House  of  Commons  be  ever  so  ex- 
travagant, let  their  declarations  of  the  law  be  ever  so  fla- 
grantly false,  arbitrary,  and  oppressive  to  the  subject,  the 
House  of  Lords  have  imposed  a  slavish  silence  upon  them- 
selves;— they  cannot  interpose, — they  cannot  protect  the 
subject, — they  cannot  defend  the  laws  of  their  country, 
A  concession  so  extraordinary  in  itself,  so  contradictory 
to  the  principles  of  their  own  institution,  cannot  but 
alarm  the  most  unsuspecting  mind.  We  may  well  con- 
clude that  the  Lords  wouJd  hardly  have  yielded  so  much 
to  the  other  house,  without  the  certainty  of  a  compen- 
sation, which  can  only  be  made  to  them  at  the  expence 
of  the  people  ^,  The  arbitrary  power  they  have  assumed 
of  imposing  fines,  and  committing  during  pleasure,  will 
now  be  exercised  in  its  full  extent.  The  House  of  Com- 
mons are  too  much  in  tl^eir  debt  to  question  or  interrupt 
their  proceedings.  The  Crown  too,  we  may  be  well  as- 
sured, will  lose  nothing  in  this  new  distribution  of  power. 
After  declaring,  that  to  petition  for  a  dissolution  of  par- 
liament, is  irreconcileable  with  the  principles  of  the  con« 
stitution,  his  Majesty  has  reason  to  expect  that  some  ex- 
traordinary coimpliment  will  be  returned  to  the  royal  pre- 
rogative. The  three  branches  of  the  legislature  seem  to 
treat  their  separate  rights  and  interests  as  the  Roman. 
Triumvirs  did  their  friends.  They  reciprocally  sacrifice 
them  to  the  animosities  of  each  other,  and  establish  a  de- 
testable union  among  themselves,  upon  the  ruin  of  the  laws 
and  liberty  of  the  commonwealth o 

Through  the  whole  proceedings  of  the  House  of  Com- 
mons, in  this  session,  there  is  an  apparent,  a  palpable 
consciousness  of  guilt,  which  has  prevented  their  daring 
to  assert  their  own  dignity,  where  it  has  been  immediately 
and  grossly  attacked.  In  the  course  of  Dr.  Musgrave's 
examination,  he  said  every  thing  that  can  be  conceived 
mortifying  to  individuals,  or  offensive  to  the  House, 
They  voted  his  information  frivolous ;  but  they  were 
awed  by  his  firmness  and  integrity,  and  sunk  imder  it  , 

M  2 


ilie  terms  in   which    the  sale  of  a   patent  to  Mr.  lline 
were  communicated  to  the  public^   naturally  called  for  a 
parliamentary  inquiry.     The   integrity   of  the    House   of 
Commons  was  directly  impeached;   but  they  had  not  cou 
rage  to  move    in  their  own  vindication,   because   the  in- 
quiry would  have  been  fatal  to  Colonel  Burgoyne  and  the 
Duke   of    Grafton.       When    Sir   George  Saville   branded 
them   with   the   name   of    traitors   to   their   constituents ; 
when  the  I^ord  Mayor,  the  Sheriffs,  and  Mr.  Trecothick, 
expressly  avowed  and  maintained  every  part  of  the  city 
remonstrance;  why  did  they  tamely  submit  to  be  insulted  ? 
Why   did   they   not   imm.ediately   expel   those   refractory 
members?    Conscious  of  the  motives  on  which  they  had 
acted,   they   prudently   preferred  infamy  to   danger;    and 
were  better  prepared  to  meet  the  contempt,  th.  n  to  rouse 
the  indignation  of  the  whole  people.     Had  they  expelled 
those   five   members,   the   consequence   of  the   new    doc- 
trine of  incapacitation  would  have  come  immediately  home 
to   every  man.      rhe  truth   of  it   would   then    have  bten 
fairly  tried,  without  any  reference  to  Mr.  Wilkes's  private 
character^  or  the  dignity  of  the   liouse,  or  the  obstinacy 
of  one   particular  county.       These  topics,   I  know,   have 
had  their  weight  with  men,  who,  affecting  a  character  of 
moderation,  in  reaiily  consult  nothing  but  their  own  im- 
mediate ease ; — who  are  weak  enough  to  acquiesce  under 
a  fiagi^nt  violation  of  the  laws,  when  it  does  not  direct 
Ij  touch  themselves;   and  care  not  what  injustice  is  prac 
tised   upon  a  man,   whose  moral  character  they  piously 
think  themselves  obliged  to  condemn.     In  any  other  cir- 
cumstances, the  House  of  Commons  must  have  forfeited 
all   credit   and   dignity,  if,  after   such    gross  provocation, 
they  had  permitted  those  five  gentlemen  to  sit  any  longer 
among  them.      We  should  then   have  seen  and  felt  the 
operation  of  a  precedent,  which  is  represented  to  be  per= 
fectly  barren  and  harmless.     But  there  is  a  set  of  men  in 
this  country,  whose  miderstandings  measure  the  violation 
of  law  by  the  magnitude  of  the  instance,  not  by  the  im 
portant  consequences  which  fiow  directly  from  the  prin 
ciple ;  and  the  minister,  I  presume,  did  not  think  it  safe 
to  quicken  their  apprehensions  too  soon.     Had  Mr.  Hamp» 
<len  reasoned  and  acted  like  the  moderate  men  of  these 
-i        'ad  of  haza.rding  his  whole  fortune  in.  a  Id^v 


16$ 

suit  with  the  Crown,  he  would  have  quietedly  paid  the 
twenty  shillings  demanded  of  him; — the  Stuart  family 
would  probably  have  continued  upon  the  throne,  and  at 
this  moment  the  imposition  of  ship-money  would  have  been 
an  acknowledged  prerogative  of  the  Crown. 

What  then  has  been  the  business  of  the  session,  after 
voting  the  supplies,  and  confirming  the  determination  of 
the  Middlesex  election  ?  The  extraordinary  prorogation 
of  the  Irish  Parliament,  and  the  just  discontents  of  that 
kingdom,  have  been  passed  by  without  notice.  Neither 
the  general  situation  of  our  colonies,  nor  that  particular 
distress  which  forced  the  inhabitants  of  Boston  to  take  up 
arms  in  their  defence,  have  been  thought  worthy  of  a 
mioment's  consideration.  In  the  repeal  of  those  acts  which 
were  most  offensive  to  America,  the  parliament  have  done 
-every  thing  but  remove  the  offence.  ,  They  have  relin- 
quished the  revenue,  but  judiciously  taken  care  to  preserve 
the  contention.  It  is  not  pretended  that  the  continuation, 
of  the  tea-duty,  is  to  produce  any  direct  benefit  what- 
soever to  the  mother-country.  What  is  it  then  but  an 
odious  unprofitable  exertion  of  a  speculative  right,  and 
fixing  a  budge  of  slavery  upon  the"  Americans,  without 
service  to  their  masters?  But  it  has  pleased  God  to  give 
us  a  ministry  and  a  parliament,  who  are  neither  to  be 
persuaded  by  argument,  nor  instructed  by  experience. 

Lord  North,  I  presume,  will  not  claim  an  extraordinary 
merit  from  any  thing  he  has  done  this  year  in  the  im- 
provement or  application  of  the  revenue.  A  great  ope- 
ration, directed  to  an  important  object^  though  it  should 
fail  of  s\iccess,  marks  the  genius,  and  elevates  the  cha- 
racter of  a  minister.  A  poor  contracted  understanding 
deals  in  little  schemes,  which  dishonour  him  if  they  fail, 
and  do  him  no  credit  when  they  succeed.  Lord  North 
had  fortunately  the  means  m  his  possession  of  reducing  all 
the  four  per  cents  at  once.  The  failure  of  his  first  enter- 
prise in  finance,  is  not  half  so  disgraceful  to  his  reputa- 
tion as  a  minister,  as  the  enterprise  itself  is  injurious  to 
the  public.  Instead  of  striking  one  decisive  blow,  which 
would  have  cleared  the  market  at  once,  upon  terms  pro- 
portioned to  the  price  of  the  four  per  cents  six  weeks  ago, 
he  has  tampered  with  a  pitiful  portion  of  a  commodity 
which  oug;ht  never  to  have  been  touched  but  in  gross  * 


164* 

—he  has  given  notice  to  the  holders  of  that  stock?  of  a 
design  formed  by  government  to  prevail  upon  them  to 
surrender  it  by  degrees,  consequently  has  warned  theni 
to  hold  up  and  enhance  the  price  : — so  that  the  plan  of 
reducing  ^^the  four  /ler  cents  must  cither  be  dropped  en- 
tirely, or  continued  with  an  increasing  disadvantage  to  the 
public.  The  minister's  sagacity  has  served  to  raise  the 
value  of  the  thing  he  means  to  purchase,  and  to  sink  that 
of  the  three  pe?-  cents,  which  it  is  his  purpose  to  sell.  In 
effect,  he  has  contrived  to  make  it  the  interest  of  the 
proprietor  of  four  pe?'  cents,  to  sell  out  and  buy  three 
}ier  cents  in  the  market,  rather  than  subscribe  his  srock 
upon  any  terms  that  can  possibly  be  offered  by  govern- 
ment. 

The  state  of  the  nation  leads  us  naturally  to  consider 
the  situation  of  the  king.  The  prorogation  of  parlia- 
ment has  the  effect  of  a  temporary  dissolution.  The  odium 
of  measures  adopted  by  the  collective  body,  sits  lightly 
upon  the  separate  members  who  compose  it.  They  re- 
tire into  summer  quarters,  and  rest  from  the  disgraceful 
labours  of  the  campaign.  But  as  for  the  sovereign,  it  is 
not  so  with  him.  He  has  a  permanent  existence  in  this 
country  ;  he  cannot  withdraw  himself  from  the  com- 
plaints, the  discontents,  the  reproaches  of  his  subjects 
They  pursue  him  to  his  retirement,  and  invade  his  do- 
mestic happiness,  when  no  address  can  be  obtained  from 
an  obsequious  parliament,  to  encourage  or  console  him. 
In  other  times,  the  interest  of  the  king  and  people  of 
England  was,  as  it  ought  to  be,  entirely  the  same.  A 
new  system  has  not  only  been  adopted  in  fact,  but  pro- 
fessed upon  principle.  Ministers  are  no  longer  the  public 
servants,  of  the  state,  but  the  private  domestics  of  the 
sovereign.  One  particular  class  of  men  are  permitted  to 
call  themselves  the  king's  friends  a,  as  if  the  body  of  the 
people  were  the  king's  enemies ;  or  as  if  his  Majesty 
looked  for  a  resource  or  consolation  in  the  attachment  o' 
a  few  favourites^  against  the  general  contempt  and  de- 
testation of  his  subjects.  Edward,  and  Richard  the  Se- 
aond,  made  the  same  distinction  betv/een  the  collective 
body  of  the  people,  and  a  contemptible  party  who  sur- 
rounded  the  throne.  The  event  of  their  mistaken  cor^- 
duct  might  have  been  a  warning  to  their  successors.     \> : 


1^5^ 

the  errors  of  those  princes  were  not  without  excuse. 
They  had  as  many  false  friends  as  our  present  gracious 
sovereign,  and  infinitely  greater  temptations  to  seduce 
them.  They  were  neither  sober,  religious,  nor  demure. 
Intoxicated  with  pleasure,  they  wasted  their  inheritance 
in  pursuit  of  it.  Their  lives  were  like  a  rapid  torrent, 
brillaint  in  prospect,  though  useless  or  dangerous  in  its 
course.  In  the  dull,  unanimated  existence  of  other  princes, 
we  see  nothing  but  a  sickly  stagnant  water,  which  taints 
the  atmosphere  without  fertilizing  the  soil. — The  morality 
of  a  king  iis  not  to  be  measured  by  vulgar  rules.  His  si- 
tuation is  singular.  There  are  faults  which  do  him  ho- 
nour, and  virtues  that  disgrace  him.  A  faultless  insipid 
equality  in  his  character,  is  neither  capable  of  vice  nor 
virtue  in  the  extreme  ;  but  it  secures  his  submission  to 
those  persons  whom  he  has  been  accustomed  to  respect, 
and  makes  him  a  dangerous  instrument  of  their  ambition. 
Secluded  from  the  world,  attached  from  his  infancy  to 
©ne  set  of  persons,  and  one  set  of  ideas,  he  can  neither 
open  his  heart  to  new  connections,  nor  his  mind  to  better 
information.  A  character  of  this  sort  is  the  soil  fittest  to 
produce  that  obstinate  bigotry  in  politics  and  religion, 
which  begins  with  a  meritorious  sacrifice  of  the  under- 
standing, and  finally  conducts  the  monarch  and  the  martyr 
to  the  block. 

At  any  other  period,  I  doubt  not^  the  scandalous  dis- 
orders which  have  been  introduced  into  the  government 
of  all  the  dependencies  in  the  empire,  would  have  roused 
the  attention  of  the  public.  The  odious  abuse  and  pro- 
stitution of  the  prerogative  at  home, — the  unconstitution- 
al employment  of  the  military, — the  arbitary  fines  and 
commitments  by  the  House  of  Lords  and  Court  of  King's 
Bench ; — the  mercy  of  a  chaste  and  pious  prince  extend* 
ed  cheerfully  to  a  wilful  murderer,  because  that  murder- 
er is  the  brother  of  a  common  prostitute  **,  would,  I 
think,  at  any  other  time,  have  excited  universal  indigna* 
tion.  But  the  daring  attack  upon  the  constitution,  in  the 
Middlesex  election,  makes  us  callous  and  indifferent  to 
inferior  grievances.  No  man  regards  an  eruption  upon 
the  surface,  when  the  noble  parts  are  invaded,  and  he 
feels  a  mortification  approaching  to  his  heart.  The  free 
election  of  our  representatives  in  parliament  comprehends', 


165 

because  it  is,  the  source  and  security  of  every  right  and 
privilege  of  the  English  nation.  The  miDistry  have  rea- 
lized ihe  compendious  ideas  of  Caligula.  They  know  that 
the  liberty,  the  laws,  and  property  of  an  Englishman,  have 
in  truth  but  one  neck  ;  and  that  to  violate  the  freedom  of 
election,  strikes  deeply  at  them  ail. 

Junius, 


LETTER  XL. 


TO    LORD    NORTH. 

MY  LORD,  Aug,  22  1770. 

Mr.  Luttreli/s  services  were  the  chief  sup- 
port and  ornament  of  the  Duke  of  Grafton's  administra- 
tion. The  honour  of  rewarding  them  was  reserved  foi 
your  Lordship.  The  Duke  it  seems,  had  contracted  an 
obligation  he  was  ashamed  to  acknowledge,  and  unable 
to  acquit.  You,  my  Lord,  had  no  scruples.  You  ac- 
cepted the  succession  with  all  its  encumbrances  ;  and  have 
paid  Mr.  Liittreli  his  legacy,  at  the  hazard  of  ruining  the 
estate. 

When  this  accomplished  youth  declared  himself  the 
champion  of  government,  the  vi^orld  was  busy  in  inqui- 
ring what  honours  or  emoluments  could  be  a  sufficient 
recompense  to  a  young  man  of  his  rank  and  fortune,  for 
submitting  to  mark  his  entrance  into  life  with  the  univer- 
sal contempt  and  detestation  of  his  country. — His  noble 
father  had  not  been  so  precipitate.-- To  vacate  his  seat  iti  ,; 
parliament, — to  intrude  upon  a  country  in  which  he  had  \ 
no  interest  or  connection, — to  possess  himself  of  another 
man's  right,  and  to  maintain  it  in  defiance  of  public  shame 
as  well  as  justice,  bespoke  a  degree  of  zeal,  or  of  depra- 
vity, which  all  the  favour  of  a  pious  prince  could  hardly 
requite.  I  protest,  my  Lord,  there  is  in  this  young  man's 
conduct  a  strain  of  prostitution,  which,  for  its  singularity, 
I  cannot  but  admire.  He  has  discovered  a  new  line  in  the 
human  character  ; — he  has  degraded  even  the  name  of  Lut- 
trell,  and  gratified  his  father's  most  sanguine  expectations. 

The  Duke  of  Grafton,  with  every  possible  disposition 
"o  patronize  this  kind  of  merit,  was  contented  with  pro- 
nouncing Colonel  Luttrell's  paneygeric.     The  gallant  spl- 


167' 

rir,  the  disinterested  zeal  of  the  young  adventurer,  were 
echoed  through  the  House  of  Lords.  His  grace  repeat- 
edly pledged  himself  to  the  House,  as  an  evidence  of  the 
purity  of  his  friend  Mr.  Luttrell's  intentions; — that  he 
had  engaged  without  any  prospect  of  personal  benefit, 
and  that  the  idea  of  compensation  would  mortally  oftend 
him  ^.  The  noble  Duke  could  hardly  be  in  earnest ;  but 
he  had  lately  quitted  his  employment,  and  began  to  think 
it  necessary  to  take  some  care  of  his  reputation.  At  that 
Very  moment  the  Irish  negotiation  wus  probably  begun. 
—Come  forward,  thou  worthy  representative  of  Lord 
Bute,  and  tell  this  insulted  country,  who  advised  the 
king  to  appoint  Mr.  Luttrell  Ai^utant  General  to 
the  army  in  Ireland  ?  By  what  management  was  Colonel 
Cunningiiame  prevailed  on  to  resign  his  employment,  and 
the  obsequious  Gisborne  to  accept  of  a  pension  for  the 
government  of  Kinsale*^?  Was  it  an  original  stipulation 
with  the  Princess  of  Wales,  or  does  he  owe  his  prefer- 
ment to  your  Lordship's  partiality,  or  to  the  Duke  of 
Bedfo  d's  friendship  ?  My  Lord,  though  it  may  not  be 
possible  to  trace  this  measure  to  its  source,  we  can  follow 
the  stream,  and  warn  the  country  of  its  approaching  de- 
struction. The  English  nation  must  be  roused,  and  put 
upon  its  guard.  Mr.  Luttrell  has  already  shown  us  how 
far  he  may  be  trusted,  whenever  an  open  attack  is  to  be 
made  upon  tiie  liberties  of  this  country.  1  do  not  doubt 
\  but  there  is  a  deliberate  plan  formed. — Your  Lordship 
best  knows  by  whom; — the  corruption  of  the  legislative 
body  on  this  side — a  military  force  on  the  other — and 
then,  farewell  to  England!  It  is  impossible  that  any  mi- 
nister shall  dare  to  advise  the  king  to  place  such  a  man 
as  Luttrell  in  the  confidential  post  of  Adjutant  General, 
if  there  were  not  some  secret  purpose  in  view,  which 
only  such  a  man  as  l^uttrell  is  lit  to  promote.  The  in- 
sult offered  to  the  army  in  general  is  as  gross  as  the  out- 
rage intended  to  the  people  of  England.  What!  Lieu- 
tenant Colonel  Luttrell  Adjutant  General  of  an  army  of 
sixteen  thousand  men  !  One  would  think  his  Majesty's 
campaigns  at  Blackheath  and  Wimbledon  might  have 
taugnt  him  better. — I  cannot  help  wishing  General  Har- 
vey joy  of  a  colleague  Vv4iO  does  so  much  honour  to  the 
employment. — But,  my  Lord,  this  measure  is  too  daring 


us 

to  pass  unnoticed,  too  dangerous  to  be  received  with  in- 
difference or  submission.  You  shall  not  have  time  to 
new-model  the  Irish  army.  They  will  not  submit  to 
be  garbled  by  Colonel  Luttrell.  As  a  mischief  to  the  Eng- 
lish constitution  (for  he  is  not  worth  the  name  of  enemy), 
they  already  detest  him.  As  a  boy,  impudently  thrust  over 
their  heads,  they  will  receive  him  with  indignation  and 
contempt.-— As  for  you,  my  Lord,  w^ho  perhaps  are  no  more 
than  the  blind  unhappy  instrument  of  Lord  Bute  and  her 
Royal  Highness  the  Princess  of  Wales,  be  assured  that  you 
shall  be  called  upon  to  answer  for  the  advice  which  has  been 
given,  and  either  discover  your  accomplices,  or  fall  a  sacri- 
fice to  their  security. 

Junius, 


LETTER  XLL 


TO  THE    RIGHT    HONOURABLE    LOKD    MANSFIELD. 

MY  LORD,  Nov.  14.  1770- 

The  appearance  of  this  letter  will  attract  the 
curiosity  of  the  public,  and  command  even  your  Lordship's 
attention.  lam  considerably  in  your  debt;  and  shall  en- 
deavour, once  for  all,  to  balance  the  account.  Accept  of 
this  address,  my  Lord,  as  a  prologue  to  more  important 
scenes,  in  which  you  will  probably  be  called  upon  to  act  or 
suffer. 

You  will  not  question  my  veracity,  when  I  assure  you, 
that  it  has  not  been  owing  to  any  particular  respect  for 
your  person  that  I  have  abstained  from  you  *o  long.  Be- 
sides the  distress  and  danger  with  which  the  press  is  threa- 
tened, when  your  Lordship  is  party,  and  the  party  is  to  be 
judge,  I  confess  I  have  been  deterred  by  the  difficulty  of 
the  task.  Our  language  has  no  term  of  reproach,  the  mind 
has  no  idea  of  detestation,  which  has  not  already  been  hap- 
pily applied  to  you,  and  exhausted. — Ample  justice  has 
been  done  by  abler  pens  than  mine  to  the  separate  merits  of 
your  life  and  character.  Let  it  be  my  humble  office  to 
collect  the  scattered  sweets,  till  their  united  virtue  tortures 
the  sense. 

Permit  me  to  begin  with  paying  a  just  tribute  to  Scotch 
sincerity  wherever  I  find  it.     I  own  I  am  not  apt  to  con- 


i'69 

fide  in  the  professions  of  gentlemen  of  that  country  ;  and, 
when  they  smile,  I  feel  an  involuntary  emotion  to  guard 
myself  against  mischief.  With  this  general  opinion  of  an 
ancient  nation,  I  always  thought  it  much  to  your  Lord- 
ship's honour,  that,  in  your  earlier  days,  you  were  bvu 
little  infected  with  the  prudence  of  your  country.  You 
had  some  original  attachments,  which  you  took  every  pro- 
per opportunity  to  acknowledge.  The  liberal  spirit  of 
youth  prevailed  over  your  native  discretion.  Your  zeal 
in  the  cause  of  an  unhappy  prince  was  expressed  wuth  the 
sincerity  of  wine,  and  some  of  the  solemnities  of  religion  ^ . 
This,  I  conceive,  is  the  most  amiable  point  of  view  in 
which  your  character  has  appeared.  I>ike  an  honest  man, 
you  took  that  part  in  politics  which  might  have  been  ex- 
pected from  your  birth,  education,  country,  and  connec- 
tions. There  was  something  generous  in  your  attach- 
ment to  the  banished  House  of  Stuart.  W0*!ament  the 
mistakes  of  a  good  man,  and  do  not  begin  to  detest  him 
until  he  aiTects  to  renounce  his  principles.  Why  did  you 
not  adhere  to  that  loyalty  you  once  professed?  Why  did 
not  you  follow  the  example  ol  your  worthy  brother  ^  ? 
With  him  you  might  have  shared  in  the  honour  of  th^ 
Pretender's  confidence — with  him  you  might  have  pre- 
served the  integrity  of  your  character;  and  England,  I 
think,  might  have  spared  you  without  regret.  Your 
friends  will  say,  perhaps,  that  although  you  deserted  the 
fortune  of  your  liege  i.ord,  you  have  adhered  firmly  to 
the  principles  which  drove  his  father  from  the  throne  ;— 
that,  without  openly  supporting  the  person,  you  have  done 
essential  service  to  the  cause,  and  consoled  yourself  for  the 
loss  of  a  favourite  family,  by  reviving  and  establisiiing  the 
maxims  of  their  government.  This  is  the  way  in  which 
a  Scotchman's  understanding  corrects  the  errors  of  his 
heart.  My  Lord,  I  acknowledge  the  truth  of  the  de- 
fence, and  can  trace  it  through  all  your  conduct.  I  see 
through  your  w  hole  life  one  uniform  plan  to  enlarge  the 
power  of  the  crown,  at  the  expence  of  the  liberty  of  the 
subject.  To  this  object,  your  thoughts,  words,  and  ac- 
tions, have  been  constantly  directed.  In  contempt  or  ig- 
norance of  the  common  law  of  England,  you  have  made 
it  your  study  to  introduce  into  the  court  where  you  pre- 
side, maxims  of  jurisprudence  unknown  to  Englishmen. 


iro 

The  Roman  code,  the  law  of  nations,  and  the  opinion  of 
foreign   civilians,    are.  your  perpetual    theme;— but  who 
ever   heard   you   mention  Magna   Charta,  or  the   Bill  of 
Rights,  with  approbation  or  respect?  By  such  treacherous 
aris,  the  noble  simplicity  and  free  spirit  of  our  Saxon  laws 
were  first  corrupted.     The  Norman  conquest  was  not  com- 
plete, until   Norman  lawyers  had  introduced   their  laws, 
and  reduced  slavery  to  a  system. — ^This  one  leading  prin- 
ciple directs  your  interpretation  of  the  laws,  and  accounts 
for  your  treatment  of  juries.     It  is  not  in  political  ques- 
tions  only   (for  there  the  courtier  might   be  forgiven); 
but  let  the  cause  be  what  it  may,  your  understanding  is 
equally  on  the  rack,  either  to  contract  the  power  of  the 
jury,  or  to  mislead  their  judgment.     For  the  truth  of  this 
assertion,  I  appeal  to  the  doctrine  you  delivered  in  Lord 
Grosvenor's  cause.      An  action  for  criminal  conversation 
being  brought  by  a  peer  against  a  prince  of  the  blood, 
you  were  daring  enough  to  tell  the  jury,  that,  in  fixing 
the  damages,  they  were  to  pay  no  regard  to  the  quality 
or  fortune  of  the  parties ; — that  it  was  a  trial  between  A 
and  B  ; — that  they  were  to  consider  the  offence  in  a  mo- 
ral light  only,  and  give  no  greater  damages  to  a  peer  of 
the  realm  than  to  the  meanest  mechanic.     I  shall  not  at- 
tempt to   refute   a  doctrine  which,  if   it  was  meant   for 
law,  carries  falsehood  an.d  absurdity  upon  the  face  of  it ; 
but,  if  it   was  meaiit  for  a  declaration  of  your  political 
creed,  is  clear  and  consistent.      Under  an   arbitrary  go- 
vernment, all  ranks  and  distinctions  are  confounded.     The 
honour  of  a  nobleman  is  no  more  considered  than  the  re- 
putation of  a  peasant ',  for,  with  different  liveries,  they  arc 
equally  slaves. 

Even  in  matters  of  private  property,  we  see  the  same 
bias  and  inclination  to  depart  from  the  decisions  of  your 
predecessors,  which  you  certainly  ought  to  receive  as  evi- 
dence of  the  common  law.  Instea  1  of  those-xertain  posi- 
tive rules  by  vrhich  the  judgment  of  a  court  of  law  should 
invariably  be  determined,  you  have  fondly  introduced  your 
ov/n  unsettled  notions  of  equity  and  substantial  justice. 
Decisions  given  upon  such  principles  do  not  alarm  the 
public  so  m.uch  as  they  ought,  because  the  consequence 
arid  tendency  of  each  particular  instance  is  not  observed  or 
regarded.     In  the  mean  t\nK.>  the  practice  gains  ground  ; 


in 

the  Court  of  King's  Bench  becomes  a  court  of  equity  ; 
and  the  judge,  instead  of  c-nsulting  strictly  the  law  of 
the  land,  refers  only  to  the  wisdom  of  the  court,  and  to 
the  purity  of  his  own  conscience.  The  name  of  Mr.  Jus- 
tice Yates  will  naturally  revive  in  your  mind  som.e  of  those 
emotions  of  fear  and  detestation  with  which  you  always 
beheld  him.  That  great  la^vyer,  that  honest  man,  saw 
your  whole  conduct  in  the  light  that  I  do.  After  years 
of  ineffectual  resistance  to  the  pernicious  principles  intro- 
duced by  your  Lordship,  and  uniformly  supported  by 
your  humble  friends  upon  the  bench,  he  determined  to 
quit  a  court  whose  proceedings  and  decisions  he  couid  nei- 
ther assent  to  with  honour,  nor  oppose  with  success. 

s  The  injustice  done  to  an  ^individual  is  sometimes  of 
service  to  the  public.      Facts  are  apt  to  alarm  us  more 
than  the  most  dangerous   principles.      The  sufferings  and 
firmness  of   a  printer  have  roused   the  public    attention. 
You  knew  and  felt  that  your  conduct  would  not  bear  a 
parliamentary  inquiry ;    and  you  hoped  to  escape  it  by  the 
meanest,  the  basest   sacrifice  of  dignity  and  consistency^ 
that  ever  was  made  by  a  great  magistrate.     Where  wai. 
your  firmness,  where  v^'S  that  vindictive  spirit,  of  whic; 
we  have  seen  so  many  examples,  when  a  man,  so  incons: 
derable  as  Bingley,  could  force  you  to  confess,  in  the  fac 
of  this  country,  that,  for  two  years  togethep,  you  had  i. 
legally  deprived  an  English  subject  of  his  liberty,  and  the 
he  had  triumphed   over   you  at  last?       Yet    1  own,    mv 
Lord,  that  yours  is  not  an  uncommon  character.      Wo- 
men, and  men  like  women,   are  timid,  vindictive,  and  ir- 
resolute.    Their  passions  counteract  each  other;  and  make 
tp.e  same  creiiturc,  at  one  moment  hateful,   at  another  con 
temptible.       1  fancy,    my  Lord  some  time  will   elap'^e  be 
fore  you  venture  to  commit  another  Eni    •  ^        -i  for  rcuv 
sing  to  answer  interrogatories  ^. 

The  dccttine  you  have  constantly  delivered  in  cases  of 
libel,  is  another  powerful  evidence  of  a  settled  plan  to  con- 
tract the  legal  power  of  juries,  and  to  dravv  questions,  in- 
separable from  fact,  within  the  arbiirhun  of  the  court. 
Here,  my  Lord,  yoii  have  fortune  on  your  side.  When 
you  invade  the  province  of  the  jury  in  matter  of  libel,  you 
11  effect  attack  the  liberty  of  the  press,  and  v/ith  a  singl'C 
^:troke  v/ound  two  of  your  greatest  enemies. — In  some  in 


172 

stances  yo^  have  succeeded,  because  jurymen  are  too  often 
ignorant  of  their  own  rights,  asd  too  apt  to  be  awed  by 
the  authority  of  a  chief-justice.  In  other  criminal  prose- 
cutions, the  mi^lice  of  the  design  is  confessedly  as.  much 
.Tie  subject  of  consideration  to  a  jury  as  the  certainty  of 
:he  fact.  If  a  diff'erent  doctrine  prevails  in  the  case  of 
Hbels,,  why  should  it  not  extend  to  all  criminal  cases  ? — 
"why  not  to  capital  offences  ?  I  see  no  reason  (and  I  dare 
say  you  will  agree  with  me,  that  there  is  no  good  one) 
« hy  the  life  of  the  subject  should  be  better  protected 
.gainst  you,  than  his  liberty  or  property.  Why  should 
you  enjoy  the  full  power  of  pillory,  fnie  and  imprison- 
iment,  and  not  be  indulged  with  hanging-  or  transporta- 
tion ?  With  your  Lordship's  fertile  genius  and  merciful 
disposition,  I  can  conceive  such  an  exercise  of  the  powder 
you  have,  as  could  hardly  be  aggravated  by  that  which  you 
^ave  not. 

But,  my  Lord,  since  you  have  laboured  (and  not  unsuc- 
cessfully) to  destroy  the  substance  of  the  trial,  why  should 
you  suffer  the  form  of  the  verdict  to  remain  ?  W^hy  force 
twelve  honest  men,  in  palpable  violation  of  their  oaths,  to 
pronounce  their  fellow-subject  a  guilty  man,  when,  almost 
at  the  same  moment,  you  forbid  their  inquiring  into  the 
only  circumstance  which,  in  the  eye  of  law  and  reason, 
constitutes  guilt — .the  malignity  or  innocence  of  his  inten- 
tions : — But  I  understand  your  Lordship. — If  you  could 
succeed  in  making  the  tual  by  jury  useless  and  ridiculous, 
you  might  then  with  greater  safety  introduce  a  bill  into 
Darliament  for  enlarging  the  jurisdiction  of  the  court,  and 
xtending  your  favourite  trial  by  interrogatories  to  every 
.  aestion  in  which  the  life  or  liberty  of  an  Englishman  is 
concerned  ^ 

Your  charge  to  the  jury,  in  the  prosecution  against  Al- 
mon  and  W^oodfall,  contradicts  the  highest  legal  autho- 
rities, as  well  as  the  plainest  dictates  of  reason.  In  Mil- 
lar's cause,  and  still  more  expressly  in  that  of  Baldwin 
you  have  proceeded  a  step  farther,  and  grossly  contradict- 
ed yourself. — You  may  know  perhaps,  though  I  do  not 
mean  to  insult  you  by  an  appeal  to  your  experience,  that 
the  language  of  truth  is  uniform  and  consistent.  To  de« 
part  from  it  safely,  requires  memory  and  discretion.  In 
the  two  last  trials,  your  charge  to  the  jury  began  as  usual, 


with  assuring  them  that  they  had  nothing  to  do  with  the 
law, — tiiat  they  were  to  find  the  bare  fact,  and  not  con- 
ceri?  themselves  about  the  legal  inferences  drawn  from  it, 
oV  the  degree  of  the  defendant's  guilt. — Thus  far  you 
were  consistent  with  your  former  practice. — But  how 
will  you  account  for  the  conclusion  ?  You  told  the  jury, 
that  "  if,  after  all,  they  would  take  upon  themselves  to 
"  determine  the  law,  they  might  do  it ;  but  they  must  be 
"  very  sure  that  they  determined  according  to  law,  for  it 
"  touched  their  consciences,  and  they  acted  at  their  peril.'' 
— If  I  understand  your  first  proposition,  you  meant  to  af- 
firm, that  the  jury  were  not  competent  judges  of  the  law 
in  the  criminal  case  of  a  libel ; — that  it  did  not  fall  within 
their  jurisdiction;  and  that,  with  respect  to  them,  the  ma- 
lice or  innocence  of  the  defendant's  intentions  would  be  a 
question  coram  rton  judice, — But  the  second  proposition^ 
clears  away  your  own  difficulties,  and  restores  the  jury- 
to  all  their  judicial  capacities.  ^  You  make  the  compe- 
tence of  the  court  to  depend  upon  the  legality  of  the  de- 
cision. In  the  first  instance,  you  deny  the  power  abso- 
lutely. In  the  second,  you  admit  the  power,  provided  iu 
be  legally  exercised.  Now,  my  Lord,  without  pretending; 
to  reconcile  the  distinctions  of  Westmir^sterhall  with  the 
simple  information  of  common  sense,  or  the  integrity  of 
fair  argument,  I  shall  be  understood  by  your  Lordship, 
when  I  assert,  that,  if  a  jury,  or  any  other  court  of  judi- 
cature (for  jurors  are  judges),  have  no  right  to  enter  into  ^ 
cause  'or  question  of  law,  it  sit^nifies  nothing  whether 
their  decision  be  or  be  not  according  to  law.  Their  de- 
cision isin  itself  a  mere  nullity  : — the  parties  are  not  bound 
to  submit  to  it  :  and,  if  the  jury  run  any  risk  of  punish- 
ment, it  is  not  for  pronouncing  a  corrupt  or  illegal  ver- 
dict, but  for  the  illegality  of  meddling  v*ith  a  point  oa 
which  they  can  have  no  legal  authority  to  decide  ^ 

I  cannot  quit  this  subject,  without  reminding  your 
Lordship  of  the  name  of  Mr.  Benson.  Without  oifering 
any  legal  objection,  you  ordered  a  special  juryman  to  be 
set  aside  in  a  cause  where  the  King  was  prosecutor*  The 
novelty  of  the  fact  required  explanation.  Will  you  con- 
descend to  tell  the  world,  by  what  law  or  custom  you  were 
authorized  to  make  a  peremptory  challenge  of  a  juryman  ? 
The   parties  indeed  have  this  power ;  and  perhaps  your 

N  2 


Lordship,  having  accustomed  yourself  to  unite  the  charac- 
ters of  judge  and  party,  may  claim  it  in  virtue  of  the  nt\7 
capacity  you  have  assumed,  and  profit  by  ybur  o^vn  wrong. 
The  time,  within  which  you  might  have  been  punished 
for  this  daring  attempt  to  pack  a  jury,  is;  I  fear,  elapsed  ; 
but  no  length  of  time  shall  erase  the  record  of  it. 

The  mischiefs  you  have  done  this  country  are  not  con- 
fined to  your  interpretation  of  the  Jaws.  You  are  a  mi- 
nister, my  Lord  ;  and,  as  such,  have  long  been  consulted. 
Let  us  candidly  examine  v/hat  use  you  have  made  of  your 
iTiinisterial  influence.  I  will  not  descend  to  little  matters, 
but  come  at  once  to  those  important  points  on  which  your 
resolution  was  waited  for,  on  which  the  expectation  of 
your  opinion  kept  a  great  part  of  the  nation  in  suspence. — 
A  constitutional  question  arises  upon  a  decl  ration  of  the 
law  of  parliament,  by  which  the  freedom  of  election  and 
the  birthright  of  the  subject  were  supposed  to  have  been 
invaded. — The  King's  servants  were  accused  of  violating 
the  constitution. — 'i  he  nation  is  in  a  ferment. — The 
ablest  men  of  all  parties  engage  in  the  question,  and  ex- 
ert their  utmost  abilities  in  the  discussion  of  it. — Whaf 
part  has  the  honest  Lord  Mansfield  acted?  As  an  emi- 
nent judge  of  the  law,  his  opinion  would  have  been  re- 
spected.— As  a  peer,  he  had  a  right  to  demand  an  au- 
dience of  his  sovereign,  and  inform  him  that  his  minis- 
ters were  pursuing  unconstitutional  measures. — Upon 
other  occasions,  my  Lord,  you  have  no  difficulty  in  find- 
mg  your  way  into  the  closet.  The  pretended  neutrality 
of  belonging  to  no  party,  will  not  save  your  reputation. 
In  questions  merely  political,  an  honest  man  may  stand 
tieuter.  But  the  laws  and  constitution  are  the  general 
property   of  the   subject  ;  not  to   defend  is  to  relinquish  ; 

. and  who  is  there  so  senseles  as  to  renounce  his  share 

in  a  common  benefit,  unless  he  hopes  to  profit  by  a  new 
division  of  the  spoil.  As  a  lord  of  parliament,  you  were 
repeatedly  called  upon  to  condemn  or  defend  the  new  law 
declared  by  the  House  of  Commons.  You  afi'ected  to 
have  scruples,  and  every  expedient  was  attempted  to  re- 
Biove  them. —  The  question  was  proposed  and  m\ged  to 
you  in  a  thousand  different  shapes. — Your  prudence  still 
supplied  you  with  evasion  ;  — your  resolution  was  invin- 
cible.    For  my  own  part,  I  am  not  anxious  to  penetrate 


his  solemn  secret.  I  care  not  to  whose  wisdom  n  is  iii 
rusted,  nor  how  soon  you  carry  it  with  you  to  your  grave"' 
You  have  betrayed  your  opinion  by  the  very  care  you  have 
taken  to  conceal  it.  It  is  not  from  Lord  Mansfield  that 
we  expect  any  reserve  in  declaring  his  real  sentiments  in 
favour  of  government,  or  in  opposition  to  the  people;  nor 
is  it  difficult  to  account  for  the  motions  of  a  timid,  disho- 
nest heart,  which  neither  has  virtue  enough  to  acknow- 
ledge truthi  nor  courage  to  contradict  it, — Yet  you-  conti- 
nue to  support  an  administration  which  you  know  is  univer- 
sally odious,  and  which,  on  some  occasions,  you  yourself 
speak  of  with  contempt.  You  would  fain  be  thought  to  take 
no  share  in  government ;  while,  in  reality,  you  are  the  main 
,  spring  of  the  machine. — Here  too  we  trace  the  little,  pru- 
dential policy  of  a  Scotchman. — Instead  of  acting  that  open, 
generous  part,  which  becomes  your  rank  and  station,  you 
meanly  skulk  into  the  closet,  and  give  your  sovereign  such 
advice  as  you  have  not  spirit  to  avow  or  defend.  You  se- 
cretly engross  the  power,  while  you  decline  the  title,  of 
minister ;  and  though  you  dare  not  be  chancellor,  you 
know  how  to  secure  the  emoluments  of  the  office. — Are 
the  seals  to  be  for  ever  in  commission,  that  you  may  enjoy 
five  thousand  pounds  a-year  ?- — I  beg  pardon,  my  Lord  ; 
— your  fears  have  interposed  at  last,  and  forced  you  to  re- 
sign.— The  odium  of  continuing;  speaker  of  the  House  of 
Lords,  upon  such  terms,  was  too  formidable  to  be  resist- 
V- L  What  a  multitude  of  bad  passions  are  forced  to-  sub- 
mit to  a  constitutional  infirmity!  But  though  you  have 
relinquished  the  salary,  you  still  assume  the  rights  of  a 
■minister. — Your  conduct,  it  seems,  ^  must  be  defended  in 
;  ariiament. — For  what  other  purpose  is  your  wretched 
friend,  that  miserable  Serjeant,  posted  to  the  House  of 
Commons?  Is  it  in  the.  abilities  of  Mr.  Leigh  to  defend 
the  great  Lord  Mansfield  ? — or  is  he  only  the  punch  of  the 
■piippet-shov/,  to  speak  as  he  is  prompted  by  the  chief 
JUGGLER  behind  the  curtain". 

In- public  affairs,  my  Lord,  cunning,  let  it  be  ever  so 
well  wrought,  will  not  conduct  a  man  honourably  through 
life.  Like  bad  money,  it  may  be  current  for  a  time,  but 
it  will  soon  be  cried  down.  It  cannot  consist  with  a  li- 
beral spirit,  though  it  be  sometimes  united  with  extraor- 
dinary qualifications.     When   I  acknowledge   your  abiii- 


ire 

its,  you  may  believe  I  am  sincere.  I  feel  for  human  na- 
ture,, when  I  see  a  man,  so  gifted  as  you  are,  descend  to 
siich  vile  practices. — Yet  do  not  suffer  your  vanity  to 
console  you  too  soon.  Believe  me,  my  good  Lord,  you 
are  not  admired  in  the  same  degree  in  v^^hich  you  are  de- 
tested. It' is  only  the  partiality  of  your  friends,  that  ba- 
lances the  defects  of  your  heart  with  the  superiority  of 
your  understanding.  No  learned  man,  even  among  your 
own  tribe,  thinks  you  qualified  to  preside  in  a  court  of 
common  law.  Yet  it  is  confessed,  that,  under  Justinian, 
you  might  have  made  an  incomparable  przetor. — It  is  re- 
markable enough,  but  I  hope  not  ominous,  that  the  laws 
you  understand  best,  and  the  judges  you  affect  to  admire 
most,  flourished  in  the  decline  of  a  great  empire,  and  are 
supposed  to  have  contributed  to  its  fall. 

Here,  my  Lord,  it  may  be  proper  for  us  to  pause  to- 
gether.— It  is  not  for  my  own  sake  that  I  wish  you  to 
consider  the  delicacy  of  your  situation.  Beware  how  you 
indulge  the  first  emotions  of  your  resentment.  This 
paper  is  delivered  to  the  world,  and  cannot  be  recalled. 
The  persecution  of  an  innocent  printer  cannot  alter  facts, 
nor  refute  arguments. — Do  not  furnish  me  with  farther 
materials  against  yourself. — An  honest  man,  like  the  true 
religion,  appeals  to  the  understanding,  or  modestly  con- 
fides in  the  internal  evidence  of  his  consience.  The  im- 
postor employs  force  instead  of  argument,  imposes  silence 
were  he  cannot  convince,  and  propagates  his  character  by 
the  sword. 

Junius 


LETTER  XLIL 


TO    "yHE    PRINTKII    OF   THE    PUBLIC  ADVERTISER. 

SIR,  Ji^n.  30.  irn. 

If  we  recollect  in  v/hat  manner  the  King's 
Mends  liave  been  constantly  emijloyed,  we  shall  have  no 
reason  to  be  surprised  at  any  condition  of  disgrace  tc 
which  the  once-respected  name  of  Englishmen  may  b^ 
degraded.  His  Mi^jesty  has  no  cares,  but  such  as  con- 
cern the  laws  and/constitution  of  tliis  country.  In  his 
iDyal   breast  there  is- no   room  left   for  rei:entment,  no 


in 

place  for  hostile  sentiments  against  the  natural  enemies  of 
his  crown.  The  system  of  government  is  uniform.—* 
Violence  and  oppression  at  home  can  only  be  supported 
by  treachery  and  submission  abroad.  When  the  civil 
rights  of  the  people  are  daringly  invaded  on  one  side, 
what  have  we  to  expect,  but  that  their  poiiiical  rights 
should  be  deserted  and  betrayed,  in  the  same  proportion, 
on  the  other  ?  The  plan  of  domestic  policy  which  has 
been  invariably  pursued  from  the  moment  of  his  present 
Majesty's  accession,  engrosses  all  the  attention  of  his  ser- 
vants. They  know  that  the  security  of  their  places  de- 
pends upon  their  maintaining,  at,  any  hazard,  the  secret 
system  of  the  closet.  A  foreign  war  might  embarrass,  an 
unfavourable  event  might  ruin*"  the  minister,  and  defeat 
the  deep-laid  scheme  of  policy  to  which  he  and  his  asso- 
ciates owe  their  employments.  Rather  than  suffer  the 
execution  of  that  scheme  to  be  delayed  or  interrupted, 
the  King  has  been  advised  to  make  a  public  surrender,  u 
solemn  sacrifice,  in  the  face  of  all  Europe,  not  only  of 
the  interests  of  his  subjects,  but  of  his  own  personal  re- 
putation, and  of  the  dignity  of  that  crown  which  his  pre- 
decessors have  worn  with  honour.  These  are  strong 
terms.  Sir,  but  they  arc  supported  by  fact  and  argument. 

The  King  of  Great  Britain  had  been  for  some  years  in 
possession  of  an  island,  to  which,  as  the  ministry  them- 
selves have  repeatedly  asserted,  the  Spaniards  had  no  claim 
of  right.  The  importance  of  the  place  is  not  in  ques- 
tion. If  it  were,  a  better  judgment  might  be  formed  of 
it  from  the  opinion  of  Lord  Anson  and  Lord  Egmont, 
and  from  the  anxiety  of  the  Spaniards,  than  from  any 
fallacious  insinuations  thrown  out  by  men  whose  interest 
it  is  to  undervalue  that  property  which  they  are  deter- 
mined to  relinquish.  The  pretensions  of  Spain  were  a  sub- 
ject of  negotiation  between  the  two  courts.  They  had 
been  discussed,  but  not  admitted.  The  King  of  Spain, 
in  these  circumstances,  bids  adieu  to  amicable  negociation, 
and  appeals  directly  to  the  sword.  The  expedition  against 
Port-Kgmont  does  not  appear  to  have  been  a  sudden  ill- 
concerted  enterprise.  It  seems  to  have  been  conducted 
not  only  \vith  the  usual  military  precautions,  but  in  all 
the  forms  and  ceremonies  of  war.  A  frigate  w^as  first 
employed  to  examine  the  strength  of  the  place.     A  mes- 


178 

s?*ge  was  then  sent,  demanding  immediate  possession,  in 
the  Catholic  King's  name,  and  ordering  our  people  to  de- 
part. At  last  a  military  force  appears,  and  compels  the 
garrison  to  surrender.  A  formal  capitulation  ensues ; 
and  his  Majesty's  ship,  which  might  at  least  have  been 
permitted  to  bring  home  his  troops  immediately,  is  de- 
tained in  port  twenty  days,  and  her  rudder  forcibly  taken 
away.  This  train  of  facts  carries  no  appearance  of  the 
rashness  or  violence  of  a  Spanish  governor.  On  the  con- 
trary, the  whole  plan  seems  to  have  been  formed  and  ex- 
ecuted, in  consequence  of  deliberate  orders  and  a  regu- 
lar instruction  from  the  Spanish  court.  Mr.  Buccarelll 
is  not  a  pirate,  nor  has  he  been  treated  as  such  by  thosa 
who  employed  him.  I  feel  for  the  honour  of  a  gentle- 
man, when  I  affirm,  that  our  King  owes  him  a  signal  re- 
paration.— Where  will  the  humiliation  of  this  country 
end?  A  king  of  Great  Britain,  not  contented  with  pla- 
cing himself  upon  a  level  with  a  Spanish  governor,  de- 
scends so  low  as  to  do  a  notorious  injustice  to  that  gover- 
nor. As- a  salvo  for  his  own  reputation,  he  has  been  ad- 
vised to  traduce  the  character  of  a  brave  officer,  and  to 
treat '  him  as  a  common  robber,  when  he  knew  with 
certainty  that  Mr.  Buccarelli  had  acted  in  obedience  to 
his  orders,  and  had  done  no  more  than  his  duty.  Thus 
it  happens  in  private  life,  with  a  man  who  has  no  spirit  nor- 
sense  of  honour, — One  of  his  equals  orders  a  servant  ta 
strike  him. — Instead  of  returning  the  blow  to  the  master^ 
his  courage  is  contented  v/ith  throwing  an  aspersion,  equally 
false  and  public,  upon  the  character  of  the  servant. 

This  short  recapitulation  was  necessary  to  introduce 
the  consideration  of  his  Majesty's  speech  of  13th  Novem- 
ber 1770,  and  the  subsequent  measures  of  government. 
The  excessive  caution  with  which  the  speech  was  drav/n 
up,  had  impressed  upon  me  an  early  conviction,  that  no 
♦■serious  resentment  was  thought  of,  and  that  the  conclu- 
sion of  the  business,  whenever  it  happened,  must  in  some 
'  degree  be  dishonourable  to  England.  There  appears 
through  the  whole  speech  a  guard  and  reserve  in  the 
choice  of  expression,  which  shows  how  careful  the  mi* 
nistry  were  not  to  embarrass  their  future  projects  by  any 
iirm  or  spirited  declaration  from  the  throne.  When  all 
hopes  of  peace  are  lost,,  his  Majesty  tells  his  parliament- 


179 

that  he  is  preparing — ^iiot  for  a  barbarous  war,  but  (with 
all  his  mother's  softness)  for  a  different  situation. — An 
open  hostility,  authorized  by  the  Catholic  King,  is  called 
an  act  of  a  governor.  This  act  to  avoid  the  mention  of 
a  regular  siege  and  surrender,  passes  under  the  piratical 
description  of  seizing  by  force  ;•  and  the  thing  taken  is 
described,  not  as  a  part  of  the  King's  territory  or  proper 
dominion,  but  merely  as  a  possession ;  a  word  expressly 
chosen  in  contradistinction  to,  and  exclusion  of,  the  idea 
of  right,  and  to  prepare  us  for  a  future  surrender  both  of 
the  right  and  of  the  possession.  Yet  this  speech.  Sir, 
cautious  and  equivocal  as  it  is,  cannot,  by  any  sophistry, 
be  accommodated  to  the  measures  which  have  since  been 
adopted.  It  seemed  to  promise,  that  whatever  might  be 
given  up  by  secret  stipulation,  some  care  would  be  taken 
to  save  appearances  to  the  public.  The  event  shows  us, 
that  to  depart,  in  the  minutest  aiticle,  from  the  nicety 
and  strictness  of  punctilio,  is  as  dangerous  to  national 
honour  as  to  female  virtue.  The  woman  who  admits  of 
one  familiarity,  seldom  knows  where  to  stop,  or  what  to 
refuse  ;  and  when  the  councils  of  a  gredt  country  give 
way  in  a  single  instance,-^-whtn  they  once  are  inclined  to 
submission,  every  step  accelerates  the  rapidity  of  the  de- 
^scent.  The  ministry  themselves,  when  they  framed  the 
speech,  did  not  foresee,  that  they  should  ever  accede  to 
such  an  accommodation  as  they  have  since  advised  their 
master  to  accept  of. 

The  King  says,  "  The  honour  of  my  crown  and  the 
"  rights  of  my  people  are  deeply  affected."  The  Spa- 
niard, in  his  reply,  says,  "  I  give  you  back  possession  ; 
<*  but  I  adhere  to  my  claim  of  prior  rght,  reserving  the 
"  assertion  of  it  for  a  more  favourable  opportunity." 

The  speech  says,  "  I  made  an  immediate  demand  of 
'^  satisfaction;  and  if  that  fails,  I  am  prepared  to  do 
'"  myself  justice."  This  immediate  demand  must  have 
been  sent  to  Madrid  on  the  12th  of  September,  or  in  a 
few  days  after.  It  was  certainly  refused,  or  evaded,  and 
the  King  has  not  done  himself  justice. — When  the  first 
magistrate  speaks  to  the  nation,  some  care  should  be  taken 
of  his  apparent  veracity. 

The  speech. proceeds  to  say,  I  "  shall  not  discontinue 
^^  my  preparations  until  I  have   received  proper  repara- 


180 

<^»  lion  for  the  injury.'*'  If  this  assurance  may  be  relied 
on,  what  an  enormous  expence  is  entaileclj  siiic  f/z>,  upon 
this  unhappy  country  !  Restitution  of  a  possession,  and 
reparation  of  an  injury,  are  as  different  in  substance  as 
they  are  in  language.  The  very  act  of  restitution  may 
contain,  as  in  this  instance  it  palpably  does,  a  shameful 
aggravation  of  the  injury.  A  man  of  spirit  does  not 
measure  the  degree  of  an  injury  by  the  mere  positive  da- 
mage he  has  sustained.  He  considers  the  principle  on 
which  it  is  founded  ;  he  resents  the  superiority  asserted 
over  him,  and  rejects  with  indignation  the  claim  of  right 
which  his  adversary  endeavours  to  establish,  and  would 
force  him  to  acknowledge. 

The  motives  on  which  the  Catholic  King  makes  resti- 
tution are,  if  possible,  more  insolent  and  disgraceful  to 
our  sovereign  than  even  the  declaratory  condition  annex- 
ed to  it.  After  taking  four  months  to  consider  whether 
the  expedition  was  undertaken  by  his  own  orders  or  not, 
he  condescends  to  disavow  the  enterprize,  and  to  restore 
the  island  ; — not  from  any  regard  to  justice, — not  from 
any  regard  he  bears  to  his  Britannic  Majesty,  but  mere- 
ly "  from  the  persuasion,  in  which  he  is,  of  the  pacific 
"  sentiments  of  the  King  of  Great  Britain." — At  this  rate, 
if  our  king  had  discovered  the  spirit  of  a  man, — if  he  had 
made  a  peremptory  demand  of  satisfaction,  the  King  of 
Spain  would  have  given  him  a  peremptory  refusal.  But 
why  this  unseasonable,  this  ridiculous  mention  of  the 
King  of  Great  Britain's  pacific  intentions  ?  Have  they 
€ver  been  in  question  ?  Was  he  the  aggressor  ?  Does  he 
attack  foreign  powers  without  provocation  ?  Does  he  even 
resist  when  he  is  insulted  ?  No,  Sir  ;  if  any  ideas  of  sttife 
or  hostility  have  entered  his  royal  mind,  they  have  a  very 
different  direction.  The  enemies  of  England  have  nothing 
to  fear  from  them. 

After  all.  Sir,  to  v/hatkind  of  disavowal  has  the  King  of 
Spain  at  last  consented  ?  Supposing  it  made  in  proper 
time,  it  should  have  been  accompanied  v/ith  instant  resti- 
tution ;  and  if  Mr.  Buccarelli  acted  without  orders,  he 
deserved  death.  Now,  Sir,  instead  of  immediate  restitu- 
tion, we  have  a  four  months  negotiation  ;  and  the  offi- 
cer, whose  act  is  disavowed,  returns  to  courts  and  is  load- 
ed with  hoiK)urs, 


181 

If  the  actual  situation  of  Europe  be  considered,  the 
treachery  of  the  King's  servants,  particularly  of  Lord  North, 
who  takes  the  whole  upon  himself,  will  appear  in  the 
strongest  colours  of  aggravation.  Our  allies  were  masters 
of  the  Mediterranean.  The  King  of  France's  present 
aversion  from  Avar,  and  the  distraction  of  his  affairs,  are 
notorious.  He  is  now  in  a  state  of  war  with  his  people. 
In  vain  did  the  Catholic  King  solicit  him  to  take  part  in 
the  quarrel  against  us.  His  finances  were  in  the  last  dis- 
order, and  it  was  probable  that  his  troops  might  find  suf- 
ficient employment  at  home.  In  these  circumstances,  we 
might  have  dictated  the  law  to  Spain.  There  are  no  terms 
to  which  she  might  not  have  been  compelled  to  submit. 
At  the  worst,  a  war  with  Spain  alone  carries  the  fairest 
promise  of  advantage.  One  good  effect  at  least  would 
have  been  immediately  produced  by  it.  The  desertion  of 
France  would  have  irritated  her  ally,  and  in  all  probability 
have  dissolved  the  family  ^compact.  The  scene  is  now  fa- 
tally changed.  The  advantage  is  thrown  away.  The  most 
favourable  opportunity  is  lost. — Hereafter  Ave  shall  know 
the  value  of  it.  When  the  French  king  is  reconciled 
to  his  subjects ;  when  Spain  has  completed  her  prepa- 
rations ;  when  the  collected  strength  of  the  House  of 
Bourbon  attacks  us  at  once,  the  King  himself  will  be  able 
to  determine  upon  the  wisdom  or  imprudence  of  his  pre- 
sent conduct.  As  far  as  the  probability  'of  argument  ex- 
tends, we  may  safely  pronounce,  that  a  conjuncture,  which 
threatens  the  very  being  of  this  country,  has  been  wilfully 
prepared  and  forwarded  by  our  own  ministry.  How  far 
the  people  may  be  animated  to  resistance  under  the  pre- 
sent administration,  I  know  not;  but  this  I  know  with 
crtainty,  that,  under  the  present  administration,  or  if  any- 
thing like  it  should  continue,  it  is  of  very  little  moment 
whether  we  are  a  conquered  nation  or  not  '\ 

Having  travelled  thus  far  in  the  high  road  of  matter  of 
fact,  I  may  now  be  permitted  to  wander  a  little  into  the 
field  of  imagination.  Let  us  banish  from  our  minds  the 
persuasion  that  these  events  have  really  happened  in  the 
reign  of  the  best  of  princes.  Let  us  consider  them  as  no- 
thing more  than  the  materials  of  a  fable,  in  which  we 
may  conceive  the  sovereign  of  some  other  country  to  be 
DDcerned.     I  mean  to  violate  all  the  laws  of  probability, 

o 


182 

when  I  suppose,  that  this  ima|jinary  king,  after  having 
Tohmtarily  disgraced  himself  in  the  eyes  of  his  svibjects. 
Blight  return  to  a  sense  of  his  dishonour ; — that  he  might 
perceive  the  snare  laid  for  him  by  his  ministers,  and  feel 
a  spark  of  shame  kindling  in  his  breast. — The  part  he 
must  then  be  obliged  to  act,  would  overwhelm  him  with 
confusion.  To  his  parliament  he  must  say,  "  I  called 
^^  you  together  to  receive  your  advice,  and  have  never 
-^  asked  your  opinion." — To  the  merchant, — "  I  have 
*■  distressed  your  commerce  ;  I  have  dragged  your  sea- 
"  men  out  of  your  ships ;  I  have  loaded  you  with  a  grie- 
'^  vous  weight  of  insurances." — To  the  landholder, — 
'^^  I  told  you  war  was  too  probable,  wheirl  was  determi- 
*•  ned  to  submit  to  any  terms  of  accommodation;  I  ex- 
'''  torted  new  taxes  from  you  before  it  was  possible  they 
''  could  be  wanted,  and  am  now  unable  to  account  for 
^'' the  application  of  them." — To  the  public  creditor, — 
**  I  have  delivered  up  your  fortunes  a  prey  to  foreign- 
^*  ers,  and  to  the  vilest  of  your  fellow-subjects."  Per- 
haps this  repenting  prince  raiight  conclude  with  one  ge- 
neral acknowledgement  to  them  ail: — "  I  have  involved 
^*  every  rank  of  my  subjects  in  anxiety  and  distress  ;  and 
'^  have  nothing  to  offer  you  in  return,  but  the  certainty  of 
*^  national  dishonour,  an  armed  truce,  and  peace  without 
•  security." 

If  these  accounts  were  settled,  there  would  stiil  remain 
cai  apology  to  be  made  to  his  navy  and  to  his  army.  To 
the  first  he  would  say,  "  You  were  once  the  terror  of 
*'  the  world.  But  go  back  to  your  harbours.  A  man  dis- 
"  honoured  as  I  am,  has  no  use  for  your  service."  It  is  not 
probable  that  he  would  appear  again  before  his  soldiers, 
even  in  the  pacific  ceremony  of  a  review  p.  But  where- 
ever  he  appeared,  the  humiliating  confession  would  be  ex- 
torted from  him  ;  "  I  have  received  a  blow — and  had  not 
^'^  spirit  to  resent  it.  I  demanded  satisfaction ;  and  have 
'■^  accepted  a  declaration,  in  which  the  right  to  strike  me 
"  again  is  asserted  and  confirmed."  His  countenance  at . 
least  would  speak  this  language,  and  even  his  guards  would 
blush  for  him.  ^  , 

But  to  return  to  our  argument. — The  ministry,  it  seems, 
are  labouring  to  draw  a  line  of  distinction  between  the  ho- 
nour of  the^Crown  and  the  rights  of  the  People.     This 


183 

iiew  idea  has  yet  been  only  started  in  discourse  ;  for  in  ef 
feet  both  objects  have  been  equally  sacrificed.  I  neither 
understand  the  distinction,  nor  what  use  the  ministry  pro- 
pose to  make  of  it.  The  King's  honour  is  that  of  his 
people.  Their  real  honour  and  real  interest  are  the  same. 
— I  am  not  contending  for  a  vain  punctilio.  A  clear  un- 
blemished character  comprehends,  not  only  the  integrity 
that  will  not  offer,  but  the  spirit  that  will  not  submit  to, 
an  injury  ;  and  whether  it  belongs  to  an  individual  or  to 
a  community,  it  is  the  foundation  of  peace,  of  independ- 
ence, and  of  safety.  Private  credit  is  wealth  ; — public 
honour  is  security.— The  feather  that  adorns  the  royal  bird 
supports  his  flight.  Strip  him  of  his  plumage,  and  you 
fix  him  to  the  earth. 


LETTER  XLIIL 


TO    THE    PRINTER    OF    THE    PUBLIC    ADVEllTISEK. 

SIR,  Feb.  6.  1771, 

I  HOPE  your  correspondent  Junius  is  better  em- 
ployed than  in  answering  or  reading  the  criticisms  of  a 
newspaper.  This  is  a  task  from  which,  if  he  were  in- 
clined to  submit  to  it,  his  friends  ought  to  relieve  him. 
Upon  this  principle  I  shall  undertake  to  answer  Anti-Ju- 
nius  ;  more  I  believe  to  his  conviction  than  to  his  sali*:- 
faction.  Not  daring  to  attack  the  main  body  of  Junius's 
last  letter,  he  triumphs  in  having,  as  he  thinks,  surpri- 
sed an  out -post,  and  cut  off  a  detached  argument,  a  inere 
straggling  proposition.  But  even  in  this  petty  warfare  he 
shall  find  himself  defeated. 

4  Junius  does  not  speak  of  the  Spanish  nation  as  the  na- 
tural enemies  of  England.  He  applies  that  description, 
with  the  strictest  truth  and  justice,  to  the  Spanish,  court. 
From  the  moment  when  a  prince  of  the  House  of  Bour- 
bon ascended  that  throne,  their  whole  system  of  govern- 
ment was  inverted,  and  became  hostile  to  this  country. 
Unity  of  possession  introduced  a  unity  of  politics  ;  and 
Lewis  the  P'ourteenth  had  reason  when  he  said  to  his 
grandson,  ''  The  Pyrenees  are   removed."     The   history 


184 

Qi  the   present  century  is  one  continued  confirmation  ol 
the  prophecy. 

The  assertion,  "  That  violence  and  oppression  at  heme 
^''  can  only  be  supported  by  treachery  and  submission  a- 
'^^  broad,'*  is  applied  to  a  Iree  people  whose  rights  are  in- 
vaded, not  to  the  government  of  a  country  where  despo- 
tic, or  absolute  power  is  confessedly  vested  in  the  prince  ; 
and  with  this  application,  the  assertion  is  true.  An  abso- 
lute monarch,  having  no  points  to  carry  at  home,  will- 
Tiaturally  maintain  the  honour  of  his  crown  in  all  trans- 
-jxtions  with  foreign  powers  :  But  if  we  could  suppose 
■*he  sovereign  of  a  free  nation,  possessed  with  a  design  to 
make  himself  absolute,  he  would  be  inconsistent  with 
^  imself  if  he  suffered   his  projects   to   be   interrupted  or 

:barra6sed    by  a  foreign    w^ar,  unless  that  war   tended, 

in  some  cases  it  might,  to  promote  his  principal  design. 
Oi  the  three  exceptions  to  this  general  rule  of  conduct 
{quoted  by  Anti-Junius),  that  of  Oliver  Cromwell  is  the 
only  one  in  point.  Harry  the  Eighth,  by  the  submxissioa 
of  his  parliament,  was  as  absolute  a  prince  as  Lewis  the 
Fourteenth.  Queen  Elizabeth's  government  was  not  op- 
pressive to  the  people  ;  and  as  to  her  foreign  wars,  it 
ought  to  be  considered  that  they  were  unavoidable.  The 
iiational  honour  was  not  in  question  :  She  was  compelled 
to  fight  in  defence  of  her  own  person  and  of  her  title  ta 
the  crown.  In  the  common  cause  of  selfish  policy,  Oliver 
Cromwell  should  have  cultivated  the  friendsip  of  foreign 
powers,  or  at  least  have  avoided  disputes  with  them,  the 
better  to  establish  his  tyranny  at  home.  Had  he  been  only 
a  bad  man,  he  would  have  sacrificed  the  honour  of  the 
nation  to  the  success  of  his  domestic  policy.  But,  with 
all  his  crimes,  he  had  the  spirit  of  an  Englishman.  The 
conduct  of  such  a  man  must  always  be  an  exception  to 
vulpar  rules.  He  had  abilities  sufficient  to  reconcile  con- 
tradictions, and  to  make  a  great  nation  at  the  same  mo- 
ment unhappy  and  formidable.  If  it  were  not  for  the  re- 
spect I  bear  the  minister,  I  could  name  a  man,  who, 
without  one  grain  of  understanding,  can  do  half  as  much 
as  Oliver  Cromwell. 

Whether  or  no  there  be  a  secret  system  in  the  closet, 
and  what  may  be  the  object  of  it,  are  questions  which 


can   only  be    determined   by  appearances,  and  on  Vvliich 
every  man  must  decide  for  himself. 

The  whole  plan  of  Junius's  letter  proves,  that  he  him- 
self makes  no  distinction  between  the  real  honour  of  the 
crown,  and  the  real  interest  of  the  people.  In  the  climax  ■ 
which  your  correspondent  objects,  Junius  adopts  the  lai: 
guage  of  the  court,  and  by  that  conformity  gives  strength 
to  his  argument.  He  says,  "  the  king  has  not  only  sa~ 
<'  crificed  the  interests  of  his  people,  but  (what  was  like- 
'*  ly  to  touch  him  more  nearly)  his  personal  reputation  and 
"  the  dignity  of  his  crown." 

The  queries  put  by  Anti-Junius  can  only  be  ansv/cred 
by  the  ministry.  Abandoned  as  they  are,  I  fancy  ihey  will 
not  confess  that  they  have,  for  so  many  years,  maintained 
possession  of  another  man's  property.  After  admitting; 
the  assertion  of  the  ministry — viz  ''  that  the  Spaniards  had 
*<  no  rightful  claim,  "  and  after  justifying  them  for  sayinp" 
so; — it  is  his  business,  not  mine,  to  give  us  some  good  re:, 
son  for  their"  suffering  the  pretensions  of  Spain  to  be  u 
"  subject  of  negociation.*'  He  admits  the  facts  ; — let  hira 
reconcile  them  if  he  can. 

The  last  paragraph  brings  us  back  to  the  original  que- 
stion, Whether  the  Spanish  declaration  contains  such  a 
satisfaction  as  the  king  of  Great  Britain  ought  to  have 
accepted  ?  This  was  the  field  upon  which  he  ought  to 
have  encountered  Junius  openly  and  fairly.  But  here  lie 
leaves  the  ai'^ument,  as  no  longer  defensible.  I  shall 
therefore  conclude  with  one  general  admonition  to  my 
fellow-subjects; — that,  when  they  hear  these  matters; 
debated,  they  should  not  suffer  themselves  to  be  misled  by- 
general  declamations  upon  the  conveniences  of  peace,  or 
the  miseries  of  war.  Between  peace  and  war,  abstractedly^ 
there  is  not,  there  cannot  be  a  question  in  the  mind  of 
a  rational  being.  The  real  questions  are,  "  Have  we  any 
^'  security,  that  the  peace  we  have  so  dearly  purchased 
'^  will  last  a  twelvemonth  ?"  and  if  not, — "  Have  we,  or 
'-  have  we  not,  sacrificed  the  faircsst  opportunity  of  making 
war  v/ith  advantage?" 

pHiLo   Jt::':-?j- 


02 


iSG 


LETTER  XLIV, 

TO  THE    PRINTER  OF    TIUE    PUBLIC    ADVERTISER, 

Sij^^  ^  April  22.  1771 

To  write  for  profit,  without  taxing  the  press  ; — 
to  write  for  fame,  and  to  be  unknown ; — to  support  the 
intrigues  of  faction,   and  to   be  disowned,  as  a  dangerous 
auxiliary,  by  every  party  in  the  kingdom  ;  are  contradic- 
tions  which  the   minister  must  reconcile,   before  I  ibrfeit 
ray  credit  with  the  public.     I  may  quit  the  service,  but  it 
would  be  absurd  to  suspect  me  of  desertion.      The  reputa- 
tion of  these  papers  is  an   honourable  pledge  for   my  at- 
tachment to  the  people.     To  sacrifice  a  respected  charac- 
ter, and  to  renounce  the  esteem  of  society,  requires  more 
than  Mr.  Wedderburne's  resolution ;    and  though  in  him 
it  was  rather  a  profession  than  a  desertion  of  his  principles,. 
(I  speak  tenderly  of  this  gentleman  ;  for  when  treachery 
is  in    question,  I  think  we  should  make  allowances  for  a. 
Scotchman),  yet  we  have  seen  him  in  the  House  of  Com- 
mons overwhelmed  with  confusion,    and  almost  bereft  of 
his  faculties.     But  in  truth.  Sir,   I  have  left  no  room  for 
an  accommodation  with  the  piety  of   St.  James's.      My 
offences  are  not  to  be  redeemed  by  recantation  or  repent- 
ance.     On  one  side,  our  warmest  patriots  would  disclaim 
me  as  a  burden  to  their  honest  ambition.     On  the  other,, 
the  vilest  prostitution,  if  Junius  could  descend  to  it,  would 
lose  its   natural  merit  and  iniluence  in  the  cabinet,   and 
ttreachery  be  no  longer  a-recommendation  to  the  royal 
favour. 

The  persons  who,  till  within  these  few  years,  have  been 
most  distinguished  by  their  zeai  for  high-church  and  pre- 
rogative, are  now,  it  seems  the  great  assertors  of  the  pri- 
vileges of  the  House  of  Commons,  This  sudden  altera- 
tion of  their  sentiments  or  language  carries  with  it  a  suspi- 
cious appearance.  When  1  hear  the  undefined  privileges 
c>f  the  popular  branch  of  the  legislature  exalted  by  Tories - 
and  Jacobites,  at  the  expence  of  those  strict  rights,  which 
sre  known  to  the  subject  and  limited  by  the  laws,  lean- 
not  but  suspectj  that  some  mischievous  scheme  is  in  agita- 
!:ion,  to  destroy  both  law  and  privilege,  by  ^-posing  them 
^o  each  other.       They    who    have    uniformly  denied   the 


187 

power  of  the  whole  legislature  to  alter  the  descent  of  tli!^ 
crown,  and  whose  ancestors,  in  rebellion  against  his  Ma- 
jesty's family,  have  dt fended  that  doctrine  at  the  hazard  of 
their  lives,  now  tell  us,  that  privilege  of  parliament  is  th( 
only  rule  of  right,  and  the  chief  security  of  the  public  free- 
dom.—I  fear.  Sir,  that  while  forms  remain  there  has  been 
some  material  change  in  the  substance  of  our  constitution. 
The  opinions  of  these  men  were  too  absurd  to  be  so  easily 
renounced.  Liberal  minds  are  open  to  conviction. — 
Liberal  doctrines  are  capable  of  improvement.— ^There  are 
proselytes  from  atheism,  but  none  from  superstition.  If 
their  present  professions  were  sincere,  I  think  they  could< 
not  but  be  highly  offended  at  seeing  a  question,  concerning 
parliamentary  privilege,  unnecessarily  started  at  a  season  so 
unfavourable  to  the  House  of  Commons,  and  by  so  very 
mean  and  insignificant  a  person  as  the  minor  Onslow. 
They  knew,  that  the  present  House  of  Commons,  having 
commenced  hostilities  with  the  people,  and  degraded  the 
authority  of  the  laws  by  their  own  example,  were  likely 
enough  to  be  rtsisttd  Jiei-  Jas  tt  ncfas.  If  they  were  really 
friends  to  privilege,  they  would  have  thought  the  question 
of  right  too  dangerous  to  be  hazarded  at  this  season,  and, 
without  the  formality  of  a  convention,  would  have  left  it 
undecided. 

I  have  been  silent  hitherto  ;  though  not  from  that  shame- 
ful indifference  about  the  interests  of  society  which  too 
many  of  us  profess,  and  call  moderation.  I  confess.  Sir,- 
that  I  felt  the  prejudices  of  my  education,  in  favour  of  a 
House  of  Commons,  still  hanging  about  me.  I  thought 
that  a  question  between  law  and  privilege,  could  never 
be  brought  to  a  formal  decision,  without  inconvenience  to 
the  public  service,  or  a  manifest  diminution  of  legal  liber- 
ty ; — that  it  ought  therefore  to  be  carefully  avoided :  and, 
when  I  saw  that  the  violence  of  the  House  of  Commons 
had  carried  them  too  far  to  retreat^  I  determined  not  to 
deliver  a  hasty  opinion  upon  a  matter  of  so  much  delicacy 
and  importance. 

The  state  of  things  is  much  altered  in  this  country  since 
it  was  necessary  to  protect  our  representatives  against  the 
direct  power  of  the  crown.  We  have  nothing  to  appre- 
hend from  prerogative,,  but  every  tiling  from  undue  in- 
flaence,     Formerly  it  was  the  interest  of  the  people,  that 


188 

tire  privileges  of  parliament  should  be  ieft  unlimited  and 
undefined.  At  present,  it  is  not  only  iheir  interest,  but  I 
hold  it  to  be  essentially  necessary  to  the  preservation  of  the 
constitution,  that  the  privileges  of  parliament  should  be 
strictly  ascertained,  and  confined  withm  the  narrowest 
bounds  the  nature  of  their  institution  will  admit  of.  Upon 
the^  same  principle  on  which  I  would  have  resisted  prero- 
gative in  the  last  century,  I  now  resist  privilege.  It  is  in- 
different to  me,  whether  the  crown,  by  its  own  immediate 
act,  imposes  new,  and  dispenses  with  old  laws;  or  whe- 
ther the  same  arbitrary  power  produces  the  same  effects 
through  the  medium  of  the  House  of  Commons.  We 
trusted  our  representatives  with  privileges  for  their  own 
defence  and  ours.  We  cannot  hinder  their  desertion,  but 
we  can  prevent  their  carrying  over  their  arms  to  the  ser- 
vice of  the  enemy.  It  will  be  said,  that  I  began  with  en- 
deavouring to  reduce  the  argument  concerning  privilege 
to  a  mere  question  of  convenience  ; — that  I  deny  at  one 
moment  what  I  would  allow  at  another;  and  that  to  re- 
sist the  power  of  a  prostituted  House  of  Commons,  may 
establish  a  precedent  injurious  to  all  future  parliuments. — 
To  this,  I  answer  generally,  that  human  affairs  are  in  no 
instance  governed  by  strict  positive  right.  If  change  of 
circumstances  were  to  have  no  weight  in  directing  our 
conduct  and  opinions,  the  mutual  intercourse  of  mankind 
would  be  nothing  more  than  a  contention  between  positive 
and  equitable  right.  Society  w^ould  be  a  state  of  war,  and 
i^w  itself  would  be  injustice.  On  this  general  ground,  it 
is  highly  reasonable  that  the  degree  of  our  submission  to 
privileges  which  have  never  been  defined,  by  any  positive 
lav/,  should  be  considered  as  a  question  of  convenience, 
and  proportioned  to  the  confidence  we  repose  in*  the  inte- 
grity of  our  representatives.  As  to  the  injury  we  may  do 
to  any  future  and  more  respectable  House  of  Commons,  I 
own  I  am  not  now  sanguine  enough  to  expect  a  more 
plentiful  harvest  of  parliamentary  virtue  in  one  year  than 
another.  Our  poiiticai  climate  is  severely  altered ;  and 
without  dwelling  upon  the  depravity  of  naodern  times,  I 
think  no  reasonable  man  will  expect,  that,  as  human  na- 
ture is  constituted,  the  enormous  influence  of  the  crown 
should  cease  to  prevail  over  the  virtue  of  individuals.  The 
mischief  lies  too  deep  to  be  cured  by  any  remedy  less  tha.ti.  . 


189 

some  great  convulsion,  which  may  either  carry  back  the 
constitution  to  its  original  principles,  or  utterly  destroy  it. 
I  do  not  doubt,  that  in  the  first  session  after  the  next  elec- 
tion, some  popular  measures  may  be  adopted.  Th*  pre- 
s^ent  House  of  Commons  have  injured  themselves  by  a  too 
early  and  public  profession  of  their  principles  ;  and  if  a 
strain  of  prostitution,  which  had  no  example,  were  within 
the  reach  of  emulation,  it  might  be  imprudent  to  hazard 
the  experiment  too  soon.  But,  after  all.  Sir,  it  is  very  im- 
material whether  a  House  of  Commons  shall  preserve  their 
virtue  for  a  week,  a  month,  or  a  year.  The  influence^ 
which  makes  a  septennial  parliament  dependent  upon  the 
pleasure  of  the  crown,  has  a  permanent  operation,  and 
cannot  fail  of  success. — My  premises,  1  know,  v/ill  be  de- 
nied in  argument ;  but  every  man's  conscience  tells  him 
they,  are  true.  It  remains  then  to  be  considered,  whether 
it  be  for  the  interest  of  the  p«oplc,  that  privilege  of  par- 
liament (which  ^,  in  respect  to  the  purposes  for  which  it 
has  hitherto  been  acquiesced  under,  is  merely  nominaD 
should  be  contracted  within  some  certain  limits  ?  or,  whe- 
ther the  subject  shall  be  left  at  the  mercy  of  a  power,  ar- 
bitary  upon  the  face  of  it,  and  notoriously  under  the  direc- 
tion of  the  crown  ? 

I  do  not  mean  to  decline  the  question  of  right :  on  the 
contrary.  Sir,  I  join  issue  with  the  advocates  for  privilege  ; 
and  affirm,  that  "  excepting  the  cases  wherein  the  House  of 
"  Commons  are  a  court  of  judicature  (to  which  from  the 
"  nature  of  their  office,  a  coercive  power  must  belong), 
"  and  excepting  such  contempts  as  immediately  interrupt 
*'  their  proceedings,  they  have  no  legal  authority  to  im- 
"  prison  any  man  for  any  supposed  violation  of  privilege 
'*-  whatsoever." — It  is  not  pretended,  that  privilege,  as 
now  claimed,  has  ever  been  defined  or  confirmed  by  sta- 
tute ;  neither  can  it  be  said,  with  any  colour  of  truth,  to 
be  a  part  of  the  common  law  of  England,  which  had 
grown  into  prescription  long  before  we  knew  any  thing 
of  the  existence  of  a  House  of  Commons.  As  for  the  law 
of  parliament,  it  is  only  another  name  for  the  privilege  in 
■question  ;  and  since  the  power  of  creating  new  privileges 
has  been  formally  renounced  by  both  Houses, — since  there 
is  no  code  in  which  we  can  study  the  law  of  parliament, 
we  have  but  one   way  left  to  make  ourselves  stcquainted 


190 

with  it, — that  is,  to  compare  the  nature  of  the  institution 
of  a  House  of  Commons  with  the  facts  upon  record.  To 
establish  a  claim  of  privilege  in  either  House,  and  to  dis- 
tinguish original  right  from  usurpation,  it  must  appear, 
that  it  is  indispensably  necessary  for  the  performance  of  the 
duty  they  are  employed  in,  and  also  that  it  has  been  uni- 
formly allowed.  From  the  first  part  of  this  description, 
it  follows  clearly,  that  whatever  privilege  does  of  right  be- 
long  to  the  present  House  of  Commons,  did  equally  be- 
long to  the  first  assembly  of  their  predecessors  ;  was  as 
completely  vested  in  them,  and  might  have  been  exercised 
in  the  same  extent.  From  the  second,  we  must  infer, 
that  privileges,  which  for  several  centuries  were  not  only 
never  allowed,  but  never  even  claimed  by  the  House  of 
Commons,  must  be  founded  upon  usurpation.  The  con- 
stitutional duties  of  a  House  of  Commons  are  not  very 
tomplicated  nor  mysterious.  They  are  to  propose  or  as- 
sent to  wholesome  laws  for  the  benefit  of  the  nation. 
They  are  to  grant  the  necessary  aids  to  the  king  ;  petition 
for  the  redress  of  grievances  ;  and  prosecute  treason  or 
high  crimes  against  the  state.  If  unlimited  privilege  be 
necessary  to  the  performance  of  these  duties,  we  have  rea- 
son  to  conclude,  that  for  many  centuries  after  the  institu-^ 
tion  of  the  House  of  Commons,  they  were  never  perform- 
ed. I  am  not  bound  to  prove  a  negative  ;  but  I  appeal  to 
the  English  history,  when  I  affirm,  that  vvith  the  excep- 
tions already  stated  (which  yet  I  might  safely  relinquish), 
there  is  no  precedent  from  the  year  1265  to  the  death  of 
Queen  Elizabeth,  of  the  House  of  Commons  having  im- 
prisoned any  man  (not  a  member  of  their  House)  for  con- 
tempt or  breach  of  privilege.  In  the  most  flagrant  cases, 
and  when  their  acknowledged  privileges  were  most  grossly 
violated,  the  poor  Commons,  as  they  then  styled  themselves, 
never  took  the  power  of  punishment  into  their  own  hands. 
They  either  sought  redress  by  petition  to  the  king,  or  what 
is  more  remarkable,  applied  for  justice  to  the  House  of 
Lords  ;  and,  when  satisfaction  was  denied  them  or  delayed, 
their  only  remedy  was  to  refuse  proceeding  upon  the 
king's  business.  So  little  conception  had  our  ancestors 
of  the  monstrous  doctrines  now  maintained  concerninr; 
privilege,  that  in  the  reign  of  Elizabeth,  even  liberty  oi 
speech,  the  vital  principle  of  a  deliberative  assembly,  waa 


191 

'i*eBtrained  by  the  queen's  authority  to  a  simple  aye  or  no ; 
and  this  restriction,  though  imposed  upon  three  successive 
parliaments  ^,  was  never  once  disputed  by  the  House  of 
Commons. 

I  know  there  are  many  precedents  of  arbitrary  com- 
mitments for  contempt :  but,  besides  that  they  are  of  too 
modern  a  date  to  warrant  a  presumption  that  such  a  power 
was  originally  vested  in  the  House  of  Commons^— .fact 
alone  does  not  constitute  right. — If  it  does,  general  war- 
rants were  lawful. — An  ordinance  of  the  two  Houses  has 
a  force  equal  to  law  ;  and  the  criminal  jurisdiction  assum- 
ed by  the  Commons  in  1621,  in  the  case  of  Edward  Loyd# 
is  a  good  precedent  to  warrant  the  like  proceedings  against 
any  man,  who  shall  unadvisedly  mention  the  folly  of  a 
king,  or  the  ambition  of  a  Princess.—  The  truth  is,  Sir, 
that  the  greatest  and  most  exceptionable  part  of  the  privi- 
leges now  contended  for,  were  introduced  and  asserted  by 
a  House  of  Commons  which  abolished  both  monarchy 
and  peerage,  and  whose  proceedings,  although  they  ended 
in  one  glorious  act  of  substantial  justice,  could  no  way  be 
reconciled  to  the  forms  of  the  consitution.  Their  suc- 
cessors profited  by  the  example,  and  confirmed  their 
power  by  a  moderate  or  a  proper  use  of  it.  Thus  it  grew 
by  degrees,  from  a  notorious  innovation  at  one  period,  to 
be  tacitly  admitted  as  the  privilege  of  parliament  at  ano- 
ther. 

If,  however,  it  could  be  proved,  from  considerations  of 
necessity  or  convenience,  that  an  unlimited  power  of  com- 
mitment ought  to  be  intrusted  to  the  House  of  Commons, 
and  that  in  fact  they  have  exercised  it  without  opposition, 
still,  in  contemplation  of  law,  the  presumption  is  strongly 
against  thein.  It  is  a  leading  maxim  of  the  laws  of  Eng- 
land (and  without  it  all  laws  are  nugatory,)  that  there  is 
no  right  without  a  remedy,  nor  any  legal  power  without 
a  legal  course  to  carry  it  into  effect.  Let  the  power  now 
in  question  be  tried  by  this  rule.  The  Speaker  issues  his 
warrant  of  attachment.  The  party  attached  either  resists 
force  with  force,  or  appeals  to  a  magistrate,  who  declares 
the  warrant  illegal,  and  discharges  the  prisoner.  Does 
the  law  provide  no  legal  means  for  enforcing  a  legal  war- 
rant ?  Is  there  .no  regular  proceeding  pointed  out  in  our 
:\w-books  to  assert  and  vindicate  the  authority  of  so  high 


192 

a  court  as  the  House  of  Commons  ?  The  question  is 
answered  directly  by  the  fact.  Their  unlawful  commands 
are  resisted,  and  they  have  no  remedy.  The  imprison- 
ment of  their  own  members  is  revenge  indeed,  but  it  is 
no  assertion  of  the  privilege  they  contend  for  ^  Their 
whole  proceeding  stops;  and  there  they  stand,  ashamed 
to  retreat,  and  unable  to  advance.  Sir,  these  ignorant 
men  should  be  informed,  that  the  execution  of  the  laws 
of  England  is  not  left  in  this  uncertain  defenceless  condi- 
tion. If  the  process  of  the  courts  of  Westminister-hall  be 
resisted,  they  have  a  direct  course  sufficient  to  enforce  sub- 
mission. The  court  of  King's  Bench  commands  the  she- 
riff* to  raise  the  p.osse  comitatus.  The  Courts  of  Chancery 
and  Exchequer  issue  a  writ  of  rebellion  ;  which  must  also 
be  supported,  if  necessary,  by  the  power  of  the  county. — 
To  whom  will  our  honest  representatives  direct  their 
writ  of  rebellion  ?  The  guards,  I  doubt  not,  are  willing 
enough  to  be  employed;  but  they  know  nothing  of  the 
doctrine  of  writs,  and  may  think  it  necessary  to  wait  for  a 
letter  from  Lord  Barrington. 

It  may  now  be  objected  to  me,  that  my  arguments 
prove  too  much  :  for  that  certainly  there  maybe  instances 
of  contempt  and  insult  to  the  House  of  Commons,  which 
do  not  fall  within  my  own  exceptions  ;  yet,  in  regard  to 
the  dignity  of  the  House,  ought  not  to  pass  unpunished. 
Be  it  so. — The  courts  of  criminal  jurisdiction  are  open  to 
prosecutions,  which  the  Attorney-General  may  commence 
by  information  or  indictment.  A  libel,  tending  to  asperse 
or  vilify  the  House  of  Commons,  or  any  of  their  members, 
may  be  as  severely  punished  in  the  Court  of  King's  Bench, 
as  a  libel  upon  the  king.  Mr.  de  Grey  thought,  so,  when 
he  drew  up  the  information  upon  my  letter  to  his  Majesty, 
or  he  had  no  meaning  in  charging  it  to  be  a  scandalous 
libel  upon  the  House  of  Commons.  In  my  opinion,  they 
would  consult  their  real  dignity  much  better,  by  appealing 
to  the  laws  when  they  are  offended,  tlian  by  violatin.g  the 
first  principle  of  natural  justice,  which  forbids  us  to  be 
judges  when  we  are  parties  to  the  cause  ^. 

I  do  not  mean  to  pursue  them  through  the  remainder 
of  their  proceedings.  In  their  first  resolutions,  it  is  pos- 
sible they  might  have  been  deceived  by  ill-considered  pre- 
cedents.    For  the  rest,  there  is  no  colour  of  palliation  or 


\9'o 

excuse.  They  have  advised  the  king'  to  resume  a  power  of 
dispensing  with  the  laws  by  royal  proclamation  ^ ;  and  kings, 
we  see,  are  ready  enough  to  follow  such  advice. — By  mere 
violence,  and  without  the  shadow  of  right,  they  have  ex 
punged  the  record  of  a  judicial  proceeding  '^.  Nothing  re- 
mained, but  to  attribute  to  their  own  vote  a  power  of  stop- 
ping the  v/hole  distribution  of  criminal  and  civil  justice. 

The  public  virtues  of  the  chief  magistrate  have  long 
since  ceased  to  be  in  question.  But  it  is  said,  that  he  has 
private  good  qualities ;  and  I  myself  have  been  ready  to 
acknowledge  them.  They  are  now  brought  to  the  test. 
If  he  loves  his  people,  he  will  dissolve  a  parliament  which 
they  can  never  confide  in  or  respect. — If  he  has  any  re- 
gard for  his  own  honour,  he  will  disdain  to  be  any  longer 
connected  with  such  abandoned  prostitution.  But,  if  it 
were  conceivable,  that  a  king  of  this  country  had  lost  all 
sense  of  personal  honour,  and  all  concern  for  the  welfare 
of  his  subjects,  I  confess,  Sir,  I  should  be  contented  to  re- 
nounce the  forms  of  the  constitution  once  more,  if  there 
were  no  other  way  to  obtain  substantial  justice  for  the  peo- 
ple^'. 

JUNIU-S,. 


LETTER  XLV 


rO    THE    PRINTER    OF    THE    PUBLIC    ADVERTISER. 

SIR,  May  1.  1771, 

They  who  object  to  detached  parts  of  Junius's 
last  letter,  either  do  not  meet  him  fairly,  or  have  not  con- 
sidered the  general  scope  and  course  of  his  argument.— 
There  are  degrees  in  all  the  private  vices ; — Why  not  in 
public  prostitution  ? — The  influence  of  the  crown  natural- 
ly makes  a  septennial  parliament  dependent. — Does  it  fol- 
low^ that  every  House  of  Commons  will  plunge  at  once  in- 
to the  lowest  depths  of  prostitution? — Junius  supposes, 
that  the  present  House  of  Commons,  in  going  such  enor- 
mous lengths,  have  been  imprudent  to  themselves,  as  well 
as  wicked  to  the  public  ; — that  their  example  is  not  with- 
in the  reach  of  emulation  ; — and  that,  in  the  first  session 
after  the  next  election,  some  popular  measures  inay  proba- 


194 

bly  be  adopted.  He  does  not  expect  that  a  dissolution  of 
parliament  will  destroy  corruption,  but  that  at  least  it  will 
be  a  check  and  terror  to  their  successors,  who  will  have 
seen  that,  in  flagrant  cases,  their  constituents  can  and  will 
interpose  with  effect. — Alter  all,  Sir,  will  you  not  endea- 
vour to  remove  or  alleviate  the  most  dangerous  symptoms, 
because  you  cannot  eradicate  the  disease?  Will  you  not 
punish  treason  or  parricide,  because  the  sight  of  a  gibbet 
does  not  prevent  highway  robberies  ? — W  hen  the  main 
argument  of  Junius  is  admitted  to  be  unanswerable,  I 
think  it  would  become  the  minor  critic,  who  hunts  for 
blemishes,  to  be  a  little  more  distrustful  of  his  own  saga- 
city.— The  other  objection  is  hardly  worth  an  answer. 
When  Junius  observes,  that  kings  are  ready  enough  to 
follow  such  advice,  he  does  not  mean  to  insinuate,  that,  if 
^he  advice  of  parliament  were  good,  the  king  would  be  so 
-f^ady  to  follow  it. 

Philo  Junius., 


LETTER  XLVI. 


TO    THE    PUINTKR    OF    THE    PUBLIC    ADVERTiSEB. 

C5iR,  May  22.  17T1. 

Vkry  early  in  the  debate  upon  the  decision  of 
•le  Middlesex   election,   it  was  well  observed  by  Junius, 
hat  the  House  of  Commons  had  not  only  exceeded  their 
oasted  precedent  of  the  expulsion  and  subsequent  incapa- 
iUUion  of  rir.   Walpole,  but  that  they  had  not  even  ad- 
ored to  it   strictly  as   far  as   it  Wf^nt.     After  convicting 
'Ir.  Dyson  of  giving  a  false  quotation  from  the  Journals, 
and  having  explained  the  purpose  which  that  contemptible 
fraud  M'as   intended   to  answer,  he   proceeds  to  state  the 
vote  itself  by  which  Mr,  \Valpole*s  supposed  incapacity 
was   declared, — viz.    "  Resolved,   That  Robert  Walpole, 
**•  Esq.  having  been  this  session  of  parliament  committed 
^*  a  prisoner  to  the  Tower,  and  expelled  this  house  for  a 
'^  high  breach  of  trust  in  the  execution  of  his  oiBce,  and 
**  notorious  corrupUon  when  Secretary  at  War,  w^as,  and 
*'  is,  incapiiblc  of  being  elected  a  member  to  serve  in  this 
^'  present  parliament:" — And   then   observes,   that,   fron\ 
the  terms  of  the  vote,  we  have  no  right  to  annex  the  in  • 


i9o 

capacitatibn  to  the  expulsion  only  ;  for  that,  as  the  propo- 
sition stands,  it  must  arise  equally  from  the  expulsion  and 
the  commitment  to  the  Tower.  I  believe,  Sir,  no  man, 
who  knows  any  thing  of  dialectics,  or  who  understands 
English,  will  dispute  the  truth  and  fairness  of  this  con- 
struction. But  Junius  has  a  great  authority  to  support 
him  ;  which,  to  speak  with  the  Duke  of  Grafton,  I  acci- 
dentally met  with  this  morning  in  the  course  of  my  read- 
ing. It  contains  an  admonition,  which  cannot  be  repeat- 
ed too  often.  Lord  Sommers,  in  his  excellent  tract  up- 
on the  Rights  of  the  people,  after  reciting  the  votes  of 
the  convention  of  the  28th  of  January  1689,  viz. — "  That 
"  King  James  the  second,  having  endeavoured  to  subvert 
''the  constitution  of  this  kingdom,  by  breaking  the  ori- 
"  ginal  contract  between  king  and  people ;  and,  by  the 
"  advice  of  Jesuits  and  other  wicked  personsf  having  vio  • 
^'  lated  the  laws,  and  having  withdrawn  himself  out  of 
'^  this  kingdom,hath  abdicated  the  government,"  Sec- 
makes  this  observation  upon  it:  '^  The  word  abdicated 
"  relates  to  all  the  clauses  aforegoing,  as  well  as  to  his 
"  deserting  the  kingdom,  or  else  tiiey  would  have  been 
*'  wholly  in  rain. '  And,  that  there  might  be  no  pretenca 
for  confining  the  abdication  merely  to  the  wiUidrawing, 
Lord  Sommers  farther  observes,  *'  That  King  James,  by 
"  refusing  to  govern  us  according  to  that  law  by  which  ho 
"  held  the  crown,  did  implicitly  renounce  his  title  to  it." 
If  Junius's  construction  of  the  vole  agiiinst  Mr.  Wal- 
pole  be  now  admitted  (and  indeed  I  cannot  comprehend 
how  it  can  honestly  be  disputed),  the  advocates  of  the 
House  of  Commons  must  either  give  up  their  precedent 
entirely,  or  be  reduced  to  the  necessity  of  maintalng  one 
of  the  grossest  absurtlities  imaginable,  viz."  That  a  coni- 
"  mitment  to  the  Tower  is  a  constituent  part  of.  and  con- 
"  tributes  half  at  least  to,  the  incapacitiition  of  the  person 
*^  who  suflers  it." 

I  need  not  make  you  any  excuse  for  ende avourhip;  to 
keep  alive  the  attention  of  the  public  to  the  decision  of 
the'  Middlesex  election.  The  more  I  cor^sider  it,  the 
more  I  am  convinced  that,  as  a  fact,  it  is  indeed  highly 
injurious  to  the  rights  of  the  people  ;  but  that,  as  a  pre- 
cedent, it  is  one  of  the  most  dano:erous  that  ever  was 
established. agixinst  those  who  are  to  come  after  us.     v-»^ 


193 

..tiLed,  liuii  very  little,  if  any  regard  at  all,  ought  to  bt 
paid  to  the  resolutions  of  one  branch  of  the  legislature, 
declaratory  of  the  law  of  the  land,  or  even  of  what  they 
call  the  law  of  parliament.  It  will  appear  that  these  re- 
solutions have  no  one  of  the  properties,  by  which,  in  this 
country  particularly,  law  is  distinguished  from  mere  will 
and  pleasure  ;  but  that,  on  the  contrary,  they  bear  every 
mark  of  a  power  arbitrarily  assumed,  and  capriciously  ap- 
plied ; — that  they  are  usually  made  in  times  of  contest, 
and  to  serve  some  unworthy  purpose  of  passion  or  party ; 
' — that  the  law  is  seldom  declared,  until  after  the  fact  by 
which  it  is  supposed  to  be  violated  ; — that  legislation  and 
jurisdiction  are  united  in  the  same  persons,  and  exercised 
at  the  same  moment  ; — and  that  a  court,  from  which 
there  is  no  appeal,  assumes  an  original  jurisdiction  in  a 
criminal  case  :  In  short,  Sir,  to  collect  a  thousand  absur- 
dities into  one  mass,  "  we  have  a  law,  which  cannot  be 
"  known,  because  it  is  ea:  post  facto^  the  party  is  both  le- 
'•  gislator  and  judge,  and  the  jurisdiction  is  without  ap 
''^  peal."  Well  might  the  judges  say,  ''  The  law  of  par- 
'•^  liamcnt  is  above  us/' 

You  v/ill  not  wonder.  Sir,  that,  with  these  qualifica- 
tions, the  declaratory  resolutions  of  the  House  of  Com- 
mons should  appear  to  be  in  perpetual  contradiction,  not 
only  to  common  sense,  and  to  the  laws  we  are  acquainted 
with  (and  which  alone  we  can  obey),  but  even  to  one 
another.  I  was  lead  to  trouble  you  with  these  observa- 
^ons,  by  a  passage  which,  to  speak   in  lutestring,  I  met 

ith  this  morning,  in  the  course  of  my  reading,  and  up- 
«>]!  which  I  mean  to  put  a  question  to  the  advocates  ioy 
privilege. — On  the  8th  of  March,  1704,  (Vide  Journals, 
Vol.  XIV.  p.  565.),  the  House  thought  proper  to  come 
to  the  following  resolutions  : — 1 .  "  That  no  commoner- 
^  of  England,  committed  by  the  House  of  Commons  iov 
^<  breach  of  privilege,  or  contempt  of  that  House,  ought 
*'  to  be,  by  any  writ  of  Habeas  Corfius^  made  to  appear 
*'  in  any  other  place,  or  before  any  other  judicature,  du- 
*^  ring  that  session  of  parliament  wherein  such  person 
was  so  committed." 

2.  '^  That  the  Sergeant  at  Arms,  attending  this  House, 
' '-  do  make  no  return  of,  or  yield  any  obedience  to  the 
"'  said  y/ritS'  of  Ha-bects  Corfiits^  alld,  £or  such  his  refusaK 


i99 

'^  tiiat    he  have  the  protection  of  the    House  of,  Com 
"  mons  ^." 

Welbore  Ellis,  What  say  you  ?  Is  this  the  law  of 
parliament,  or  is  it  not?  I  am  a  plain  man,  Sir,  and 
cannot  follow  you  through  the  phlegmatic  forms  of  an 
oration.  Speak  out,  Grildrig ;  say  yes,  or  no. — If  you 
say  yes,  I  shall  then  inquire  by  what  authority  Mr.  De 
Grey,  the  honest  Lord  Mansfield,  and  the  Barons  of  the 
Exchequer,  dared  to  grant  a  writ  of  Habeas  Corfius  for 
bringing  the  bodies  of  the  Lord  Mayor  and  Mr.  Oliver 
before  them  ;  and  why  the  Lieutenant  of  the  Tower  made 
any  return  to  a  writ,  which  the  House  of  Commons  had, 
in  a  similar  instance,  declared  to  be  unlawful. — If  you  say 
no,  take  care  you  do  not  at  once  give  up  the  cause,  in  sup- 
port of  which  you  have  so  long  and  so  laboriously  tortured 
your  understanding.  Take  care  you  do  not  confess  that 
there  is  no  test  by  which  we  can  distinguish, — no  evidence 
by  which  we  can  determine  what  is,  and  what  is  not  the 
law  of  parliament.  The  resolutions  I  have  quoted  stand 
upon  your  Journals,  uncontroverted  and  unrepealed  ;— 
they  contain  a  declaration  of  the  law  of  parliament,  by 
a  court  competent  to  the  question,  and  whose  decision,  as 
you  and  Lord  Mansfield  say,  must  be  law,  because  there 
is  no  appeal  from  it :  and  they  were  made,  not  hastily, 
but  after  long  deliberation  upon  a  constitutional  question. 
— What  farther  sanction  or  solemnity  will  you  annex  to 
any  resolution  of  the  present  House  of  Commons,  beyond 
what  appears  upon  the  face  of  those  two  resolutions,  the 
legality  of  which  you  now  deny  ?  If  you  say  that  par- 
liaments  are  not  infallible  ;  and  that  Queen  Anne,  in 
consequence  of  the  violent  proceedings  of  that  House  of 
Commons,  was  obliged  to  prorogue  and  dissolve  them  ;  I 
shall  agree  with  you  very  heartily,  and  think  that  the 
precedent  ought  to  be  followed  immediately.  But  you, 
Mr.  Ellis,  who  hold  this  language,  are  inconsistent  with 
your  own  principles.  You  have  hitherto  maintained,  that 
the  House  of  Commons  are  the  sole  judges  of  their  own 
privileges,  and  that  their  declaration  does  ijiso  facto  consti- 
tute the  law  of  parliament :  yet  now  you  confess  that 
parliaments  are  fallible,  and  that  their  resolutions  may  be 
illegal ;  consequently,  that  their  resolutions  do  not  const; 
tute  the  law  of  parliament.     When  the  king  was  urgv 


200 

to  dissolve  the  present  parliament,  you  advibtu  n.in  lo  ttu 
his  subjects,  that  "  he  ^vas  careful  not  to  assume  any  of 
"  those  powers  which  the  constitution  has  placed  in  other 
"  hands,"  &c.  Yet  Queen  Anne,  it  seems,  was  justified 
in  exerting  her  prerogative  to  stop  a  House  of  Commons, 
whose  proceedings,  compatxd  with  those  of  the  assembly 
of  which  you  are  a  most  worthy  iTiember,  were  the  perfec- 
tion of  justice  and  reason. 

In  what  a  labyrinth  of  nonsense  does  a  man  involve 
himself,  who  labours  to  maintain  falsehood  by  argument  ? 
How  much  better  v/ould  it  become  the  dignity  of  the 
House  of  Commons  to  speak  plainly  to  the  people,  and  tell 
us  at  once,  "  that  their  will  must  be  obeyed,  not  because 
"  it  is  lawful  and  reasonable,  but  because  it  is  their  will?'' 
Their  constituents  v/ould  have  a  better  opinion  of  their 
candour,  and^  I  promise  you,  not  a  worse  opinion  of  their 
integrity. 

Philo  Junius. 


LETTER  XLIX. 


TO  KIS  GRACE  THE  DUKE  oF  GRAFTON. 

MY  LORD,  June  22.  1771. 

The  profound  respect  I  bear  to  the  gracious 
prince  who  governs  this  country  with  no  less  honour  to 
himself  than  satisfaction  to  his  subjects,  and  who  restores 
you  to  your  rank  under  his  standard,  will  save  you  from 
a  multitude  of  reproaches.  The  attention  I  should  have 
paid  to  your  failings  is  involuntarily  attracted  to  the  hand 
that  rewards  them  ;  and  though  I  am  not  so  partial  to  the 
royal  judgment,  as  to  affirm,  that  the  favour  of  a  king 
can  remove  mountains  of  infamy,  it  serves  to  lesson  at 
least,  for  undoubtedly  it  divides,  the  burden.  While  I 
remember  how  much  is  due  to  his  sacred  character,  I  can- 
not, with  any  decent  appearance  of  propriety,  call  you 
the  meanest  and  the  basest  fellow  in  the  kingdom.  I  pro- 
test, my  Lord,  I  do  not  think  you  so.  You  will  have  a 
dangerous  rival  in  that  kind  of  fame  to  v/hieh  you  have 
hitherto  so  happily  directed  your  ambition,  as  long  as  there 
is  one  man  living  who  thinks  you  worthy  of  his  confi- 
dence, and  fit  to  be  trusted  with  any  share  in  his  govern- 


20  i 

meHt.  I  confess  you  have  great  intrinsic  merit  ^  but  take 
care  you  do  not  value  it  too  highly.  Consider  how  much 
of  it  would  have  been  lost  to  the  world,  if  the  King  had 
not  graciously  afBxed  his  stamp,  and  given  it  currency 
among  his  subjects.  If  it  be  true  that  a  virtuous  man, 
struggling  with  adversity,  be  a  scene  worthy  of  the  godss 
the  glorious  contention  between  you  and  the  best  of  Pfin 
ces,  deserves  a  circle  equally  attentive  and  respectable.  1 
think  I  already  see  other  gods  rising  from  the  earth  to  be- 
hold it. 

But  this  language  is  too  mild  for  the  occasion.  The 
King  is  determined  that  our  abilities  shall  not  be  lost  to 
'^K>ciety.  The  perpetration  and  description  of  new  crimes 
will  find  empjoyment  for  us  both.  My  Lord,  if  the  per- 
sons who  had  been  loudest  in  their  professions  of  patrio- 
tism, had  done  their  duty  to  the  public  with  the  same 
zeal  and  perseverance  that  I  did,  I  will  not  assert  that  go- 
vernment would  have  recovered  its  dignity,  but  at  least 
our  gracious  sovereign  must  have  spared  his  subjects  this 
last  insult  y;  which,  if  there  be  any  feeling  left  among  us, 
they  will  resent  more  than  even  the  real  injuries  they  re- 
ceived from  every  measure  of  your  Grace's  administration. 
In  vain  would  he  have  looked  round  him  for  another  cha^ 
racter  so  consummate  as  yours.  Lord  IVIansfield  shrinks 
from  his  principles ; — his  ideas  of  government  perhaps 
go  farther  than  your  own  ;  but  his  heart  disgraces  the 
theory  of  his  understanding. — Charles  Fox  is  yet  in  blos- 
som ;  and  as  for  INIr.  Wedderburne,  there  is  something 
about  him  which  even  treachery  cannot  trust.  For  the 
present,  therefore,  the  best  of  princes  must  have  con- 
tented himself  with  Lord  Sandwich. — You  would  long 
since  have  received  your  final  dismission  and  reward  ;  and 
T,  my  Lord,  who  do  not  esteem  you  the  more  for  the 
high  office  you  possess,  would  willingly  have  followed  you 
to  your  retirement.  There  is  surely  something  singularly 
benevolent  in  the  character  of  our  sovereign.  From  the 
moment  he  ascended  the  throne,  there  is  no  crime,  of 
\vhich  human  nature  is  capable  (and  I  call  upon  the  Re- 
corder to  witness  it),  that  has  not  appeared  venial  in  his 
sight.  With  any  other  prince,  the  shameful  desertion  of 
him  in  the  midst  of  that  distress  which  you  alone  had  cre- 
ated,— in  the  very  crisis  of  danger,  when  he  fancied  he 


202 

i*aw  the  throne  already  surrounded  by  men  of  virtue  and 
abilities,  would  have  outweighed  the  memory  of  your 
former  services.  But  his  Majesty  is  full  of  justice,  and 
understands  the  doctrine  of  compensations.  He  remem- 
bers with  gratitude  how  soon  you  had  accommodated  your 
morals  to  the  necessity  of  his  service; — how  cheerfully  you 
had  abandoned  the  engagements  of  private  friendship,  and 
renounced  the  most  solemn  professions  to  the  public.  The 
sacrifice  of  Lord  Chatham  was  not  lost  upon  him.  Even 
the  cowardice  and  perfidy  of  deserting  him  may  have  done 
you  no  disservice  in  his  esteem.  The  instance  was  painful, 
but  the  principle  might  please. 

You  did  not  neglect  the  magistrate  while  you  flattered 
tliQ  man.  The  expulsion  of  Mr.  Wilkes,  predetermined 
in  the  cabinet ; — the  power  of  depriving  the  subject  of 
his  birthright,  attributed  to  a  resolution  of  one  branch  of 
the  legislature ; — the  constitution  impudently  invaded  by 
the  House  of  Commons  ;-— the  right  of  defending  it  treach- 
erously renounced  by  the  House  of  Lords  :— -these  are  the 
strokes,  my  I^ord,  which,  in  the  present  reign,  recom- 
mend to  oilice,  and  constitute  a  minister.  They  would 
have  determined  your  sovereign's  judgment,  if  they  had 
made  no  impression  upon  his  heart.  We  need  not  look 
for  any  other  species  of  merit  to  account  for  his  taking 
the  earliest  opportunity  to  recall  you  to  his  counsels.     Yet 

you  have  other  merit  in  abundance. Mr.  Hine, — the 

Duke  of  Portland, — and  Mr.  Yorke  : — breach  of  trust, 
robbery,  and  murder.  You  would  think  it  a  compliment 
to  your  gallantry.  If  I  added  rape  to  the  catalogue ; — but 
the  style  of  your  amours  secures  you  from  resistance.  I 
know  how  well  these  several  charges  have  been  defended. 
In  the  first  instance,  the  breach  of  trust  is  supposed  to  have 
been  its  own  reward.  Mr.  Bradshaw  ailirms  upon  his  ho- 
nour, (and  so  may  the  gift  of  smiling  never  depart  from 
him  1)  that  you  reserved  no  part  of  Mr.  Hine'»  purchase 
money  for  your  own  use,  bufthat  every  shilling  of  it  was 
scrupulously  paid  to  Governor  Burgoyne. — Make  haste,  my 
Lord  ;— another  patent,  applied  in  time,  may  keep  the 
Oaks  ^  in  the  family. — If  not,  Birnham-W^ood,  I  fear,  must 
come  to  the  Macaroni. 

The  Duke  of  Portland  was  in  life  your  earliest  friend 
In  defence  of  his  property  he  had  nothing  to  plead,  but 


equity  against  Sir  James  Lowther,  and  prescription  against 
the  crown.  You  felt  for  your  friend  ;  "  but  the  law 
"  must  take  its  course.**  Posterity  will  scarce  believe 
that  Lord  Bute's  son-in-law  had  barely  interest  enough  at 
the  treasury  to  get  his  grant  completed  before  the  general 
election  *. 

Enough  has  been  said  of  that  detestable  transaction  which 
ended  in  the  death  of  Mr  Yorke. — I  cannot  speak  of  it 
without  horror  and  compassion.  To  excuse  yourself,  you 
publicly  impeach  your  accomplice  ;  and  to  his  mind  perhaps 
the  accusation  may  be  flattery.  But  in  murder  you  arc 
both, principals.  It  was  once  a  question  of  emulation  ;  and, 
if  the  event  had  not  disappointed  the  immediate  schemes 
of  the  closet,  it  might  still  have  been  a  hopeful  subject  of 
jest  and  merriment  between  you. 

This  letter,  my  Lord,  is  only  a  preface  to  my  future  cor- 
respondence. The  remainder  of  the  summer  shall  be 
dedicated  to  your  amusement.  I  mean  now  and  then  to 
relieve  the  severity  of  your  morning  studies,  and  to  prepare 
you  for  the  business  of  the  day.  Without  pretending  to 
more  than  Mr.  Bradshaw's  sincerity,  you  may  rely  upon 
my  attachment  as  long  as  you  are  in  office. 

Will  your  Grace  forgive  me,  if  I  venture  to  express 
some  anxiety  for  a  man  wiiom  I  know  you  do  not  love  ? 
My  Lord  Weymouth  has  cowardice  to  plead,  and  a  de- 
■  sertion  of  a  later  date  than  your  own.  You  know  the  privy 
seal  was  intended  for  him ;  and,  if  you  consider  the  dignity 
of  the  post  he  deserted,  you  will  hardly  think  it  decent  to 
quarter  him  on  Mr.  Rigby.  Y^et  he  must  have  bread,  my 
Lord  ; — or  rather  he  must  have  wine.  If  you  deny  him  the 
cup,  there  will  be  no  keeping  him  within  the  pale  of  the 
:ninistry. 

Junius.. 


LET'i'ER  L. 


TO  HIS  GRACK  THE  DUKK   OF  GH.AKTOK. 

MY  LORD,  Ju]y9.  im. 

The  influence  of  your  Grace's  fortune  still 

seems  to  preside   over  the  treasury.     The  genius  of  Mr. 

Bradshaw  inspires  Mr.  Robinson**.      Hov/ "remarkable  it 


204 

is  (and  1  speak  of  knot  as  matter  of  .reproach,  but  as  some- 
thing  peculiar  to  your  character),  that  you  have  never 
yet  formed  a  friendship  which  has  not  been  fatal  to  the* 
object  of  it ;  nor  adopted  a  cause,  to  which,  one  way  or 
other,  you  have  not  done  mischief  I  Your  attachment  is 
infamy  while  it  lasts ;  and,  whichever  way  it  turns,  leaves 
ruin  and  disgrace  behind  it.  The  deluded  girl  who  yields 
to  such  a  profligate,  even  while  he  is  constant,  forfeits 
her  reputation  as  well  as  her  innocence,  and  finds  herself 
abandoned  at  last  to  misery  and  shame. — Thus  it  happen- 
ed with  the  best  of  princes.  Poor  Dingley  too ! — I  pro- 
test I  hardly  know  v/hich  of  thenn  we  ought  most  t* 
lament  ? — the  unhappy  man  who  sinks  under  the  sense  of 
his  dishonour,  or  him  who  survives  it?  Characters,  so 
finished,  are  placed  beyond  the  reach  of  panegyric.  Death 
has  fixed  his  seal  upon  Dingley  ;  and  you,  my  Lord,  have 
set  your  mark  upon  the  other. 

The  only  letter  I  ever  addressed  to  the  King  was  so 
unkindly  received,  that  I  believe  I  shall  never  presume  td 
trouble  his  Majesty  in  that  way  again.  But  my  zeal  for 
his  service  is  superior  to  neglect ;  and,  like  Mr.  Wilkes's 
patriotism,  thrives  by  persecution.  Yet  his  Majesty  is 
much  addicted  to  useful  reading  ;  and,  if  I  am  not  ill  in- 
formed, has  honoured  the  Public  Advertiser  with  parti- 
cular attention.  I  have  endeavoured,  therefore,  and  not 
without  success  (as  perhaps  you  may  remember),  to  fur- 
nish it  with  such  interesting  and  edifying  intelligence,  as 
probably  would  nof  reach  him  through  any  other  channel. 
The  services  you  have  done  the  nation, — your  integrity 
in  office,  and  signal  fidelity  to  your  approved  good  master, 
have  been  faithfully  recorded.  Nor  have  his  own  virtues 
been  entirely  neglected.  These  letters,  my  Lord,  are 
read  in  other  countries,  and  in  other  languages;  and 
I  think  I  may  affirm  without  vanity,  that  the  gracious 
character  of  the  best  of  Princes,  is  by  this  time  not  only 
perfectly  known  to  his  subjects,  but  tolerably  well  under- 
stood by  the  rest  of  Europe.  In  this  respect  alone  I  have 
the  advantage  of  Mr.  Whitehead.  His  plan,  I  think,  is  too 
narrow.  He  seems  to  manufacture  his  verses  for  the  sole 
use  of  the  hero  who  is  supposed  to  be  the  subject  of  them  : 
and,  that  his  meaning  may  not  be  exported  in  foreign  bot- 
>oms,  sets  all  translation  at  defiance. 


205 

Your  Grace's  reappointment  to  a  seat  in  the  cabinet, 
%vas  announced  to  the  public  by  the  ominous  return  of 
'Lord  Bute  to  this  country.  When  that  noxious  planet 
approaches  England,  he  never  fails  to  bring  plague  and 
pestilence  along  with  him.  The  King  already  feels  the 
malignant  effect  of  your  influence  over  his  counsels. 
Your  former  administration  made  Mr.  Wilkes  an  alder- 
man of  London,  and  representative  of  Middlesex.  Your 
next  appearance  in  office  is  marked  with  his  election  to 
the  shrievalty.  In  whatever  measure  you  are  concerned, 
you  are  not  only  disappointed  of  success,  but  always  con- 
trive to  make  the  government  of  the  best  of  princes  con- 
temptible in  his  own  eyes,  and  ridiculous  to  the  whole 
world.  Making  all  due  allowance  for  the  effect  of  the 
minister's  declared  interposition,  Mr.  Robinson's  activity, 
and  Mr.  Home's  new  zeal  in  support  of  administration, 
WQ  still  want  the  genius  of  the  Duke  of  Grafton  to  ac- 
count for  committing  the  whole  interest  of  government 
in  the  city  to  the  conduct  of  Mr.  Harley.  I  will  not  bear 
hard  upon  your  faithful  friend  and  emissary  Mr.  Touchit ; 
for  1  know  the  difficulties  of  his  situation,  and  that  a  few 
lottery-tickets  are  of  use  to  his  ceconomy.  There  is  a  pro- 
verb concerning  persons  in  the  predicament  of  this  gen- 
tleman, which,  however,  cannot  be  strictly  applied  to 
him  :  They  commence  dupes,  and  finish  knaves.  Now 
Mr.  Touchit's  character  is  uniform.  I  am  convhiced 
that  his  sentiments  never  depended  upon  his  circum- 
stances, and  that,  in  the  most  prosperous  state  of  his  for- 
tune,  he  was  always  the  very  man  he  is  at  present. — But 
was  there  no  other  person  of  rank  and  consequence  in  the 
city,  whom  government  couW  confide  in,  but  a  notorious 
Jacobite  ?  Did  you  imagine  that  the  whole  body  of  the 
Dissenters,  that  the  whole  Whig  interest  of  London, 
would  attend  at  the  levee,  and  submit  to  the  directions 
of  a  notorious  Jacobite  ?  Was  there  no  Whig  magistrate 
xn  the  city,  to  whom  the  servants  of  George  the  Third 
could  intrust  the  management  of  a  business  so  very  inte- 
resting to  their  master  as  the  election  of  sheriffs?  Is  there 
no  room  at  St.  James's  but  for  Scotchmen  and  Jacobites  ? 
My  Lord,  I  do  not  mean  to  question  the  smcerity  of  Mr. 
Harley's  attiichment  to  his  Majesty's  government.     Since 


^06 

the  commencement  of  the  present  reign,  I  have  seen  still 
greater  contradictions  reconciled.  The  principles  of  these 
worthy  Jacobites  are  not  so  absurd  as  they  have  been  re- 
presented. Their  ideas  of  divine  right  are  not  so  much 
annexed  to  the  person  or  family,  as  to  the  political  cha- 
racter of  the  sovereign.  Had  there  ever  been  an  honest 
man  among  the  Stuarts,  his  Majesty's  present  friends 
would  have  been  Whigs  upon  principle.  But  the  con- 
version of  the  best  of  princes  has  removed  their  scruples. 
They  have  forgiven  him  the  sins  of  his  Hanoverian  an» 
cestors,  and  acknowledge  the  hand  of  Providence  in  the 
descent  of  the  crown  upon  the  head  of  a  true  Stuart.  In 
you,  my  Lord,  they  also  behold,  with  a  kind  of  predilec- 
tion which  borders  upon  loyalty,  the  natural  representa- 
tive?"of  that  illustrious  family.  The  mode  of  your  descent 
from  Charles  the  Second  is  only  a  bar  to  your  pretensions 
to  the  crown,  and  no  way  interrupts  the  regularity  of  your 
succession  to  all  the  virtues  of  the  Stuarts. 

The  unfortunate  success  of  the  Reverend  Mr.  PIorne\s 
endeavours  in.  support  of  the  ministerial  nomination  of 
sheriffs,  will,  1  fear,  obstruct  his  preferment.  Permit  me 
to  recommend  him  to  your  Grace's  protection.  You 
will  find  him  copiously  gifted  with  those  qualities  of  the 
heart,  which  usually  direct  you  in  the  choice  of  your 
fiiendsliips.  He  too  was  Mr.  Wilkes's  friend,  and  as  in- 
capable as  you  are  of  the  liberal  resentment  of  a  gentle- 
man. No,  my  Lord,— it  was  the  solitary  vindictive  ma- 
lice of  a  monk,  brooding  over  tlie  infirmities  of  his  friend, 
until  he  thought  they  quickened  into  public  life  ;  and  feast- 
ing with  a  rancorous  rapture  upon  the  sordid  catalogue 
of  his  distresses.  Now  let  him  go  back  to  his  cloister. 
The  church  is  a  proper  retreat  for  hini.  In  his  principK 
he  is  already  a  bishop. 

The  mention  of  this  man  has  moved  m.e  from  my  na- 
tural moderation.  Let  me  return  to  your  Grace.  You 
are  the  pillow  upon  which  I  am  determined  to  rest  all 
my  resentments.  What  idea  can  the  best  of  sovereigr.s 
form  to  himself  of  his  own  government? — In  what  re- 
pute can  he  conceive  that  lie  stands  with  his  people,  when 
he  sees,  beyond  the  possibility  of  a  doubt,  that,  whateve>- 
be  the  ofnce,  the  suspicion  of  his  favour  is    Lvdl   n 


207 

candidate  ;  and  that  when  the  party  he  wishes  well  to 
has  the  fairest  prospect  of  success,  if  his  royal  inclination 
shonld  unfortunately  be  discovered,  it  drops  like  an  acid, 
and  turns  the  election  ? 

This  event,  among  others,  may  perhaps  contribute  to 
open  his  Majesty's  eyes  to  his  real  honour  and  interest. 
In  spite  of  alJ  your  Grace's  intgenuity,  he  may  at  last  per- 
ceive the  inconvenience  of  selecting,  witii  such  a  curious 
felicity,  every  villain  in  the  nation  to  fill  the  various  de- 
I^irtments  of  his  government.  Yet  I  should  be  sorry  to 
confine  him  in  the  choice  either  of  his  footmen  or  his 
friends. 


LETTER   LI. 

FROM    THE    REVEREND    MR.    KORNE    TO    JUNIUS. 

SIR,  July.  13.  1771. 

Farce,  Comedy,  and  Tragedy — Wiik#s,  Foote, 
and  Junius,  united  at  the  same  time  against  one  poor 
Parson,  are  fearful  odds.  The  two  former  are  only  la- 
bouring ill  their  vocation ;  and  may  equally  plead  in  ex- 
cuse, that,  their  aim  is  a  livelihood,  i  admit  the  plea  for 
the  second ;  his  is  an  honest  calling,  and  my  clothes  were 
lawful  game ;  but  I  cannot  so  readily  approve  Mr  Wilkes 
or  commend  him  for  making  patriotism  a  trade,  and  a 
fraudulent  trade.  But  what  shall  I  say  to  Junius  ?  the 
grave,  the  solemn,  the  didactic  1  Ridicule  indeed  has  been 
ridicuously  called  the  test  of  truth  ;  but  surely,  to  con- 
fess that  you  lose  your  natural  moderation  wlien  mention  is 
made  of  the  man,  does  not  promise  much  iiut!':  or  jubticc 
when  you  speak  of  him  yourself 

You  ciiarge  me  with  "  a  ne^v  zeal  in  support  of  (u'!]:L 
^*  nistration,"  and  with  "  enideavours  in  support  of  it.;: 
"  ministerial  nomination  of  sheriffs."  The  repiitaiion 
whicli  your  talents  have  deservedly  gained  to  the  signa- 
tuiti  of  Junius,  draws  from  me  a  reply,  which  1  disdain- 
ed to  give  to  the  anonymous  lies  of  Mr.  Wilkes.  You 
make  frequent  use  of  the  word  Gentleman ;  I  only  call 
myself  a  man,  and  desire  no  other  distinction ;  if  you  are 
cither,  you  are  bound  to  make  good  your  charges,  or  to 


20S 

•♦ 

confess  thc\t  you  have  done  me  a  hasty  injustice  upon  iw 
authority. 

I  put  the  matter  fidrly  to  issue. — I  say,  that,  so  far  from 
riy  ^'  new  zeai  in  support  of  administration,  "  I  am  pos» 
,:sscd  with  the  utmost  abhorence  of  their  measures;  and 
that  I  have  ever  shown  myself,  and  am  still  ready,  in  any 
rational  manner,  to  lay  down  all  I  have — my  life,  in  op- 
position to  those  measures.  I  say,  that  I  have  not,  and 
never  have  had,  any  communication  or  connection  of  any 
kind,  directly  or  indirectly,  with  any  courtier  or  ministe- 
rial man,  or  any  of  their  adherents;  that  I  never  have 
received,  or  solicited,  or  expected,  or  desired,  or  do  now 
hope  for,  any  reward  of  any  sort,  from  any  party  or  set  of 
men  in  administration  or  opposition.  I  say,  that  I  never 
used  any  "  endeavours  in  support  of  the  ministerial  no- 
*^  mination  of  sheriffs;"  that  I  did  not  solicit  any  one  li- 
veryman for  his  vote  for  any  one  of  the  candidates,  nor 
employ  any  other  person  to  solicit ;  and  that  I  did  not 
"write  on«  single  line  or  word  in  favour  of  Messrs.  Plumbe 
and  Kirkman,  whom  I  understand  to  have  been  support- 
ed by  the  ministry. 

You  are  bound  to  refute  what  I  here  advance>  or  to 
lose  your  credit  for  veracity.  You  must  produce  facts : 
surmise  and  general  abuse,  in  however  elegant  language, 
ought  not  to  pass  for  proofs.  You  have  every  advantage  ; 
and  I  have  every  disadvantage  :  you  are  unknown  ;  1  give 
my  name.  All  parties,  both  in  and  out  of  administration, 
have  their  reasons  (which  i  shall  relate  hereafter)  for  unit- 
ing in  their  wishes  against  me;  and  the  popular  prejudice 
is  as  strongly  in  your  favour  as  it  is  violent  against  the 
Parson. 

Singular  as  my  present  situation  is,  it  is  neither  painful, 
nor  was  it  unforeseen.  He  is  not  fit  for  public  business, 
who  does  not  even  at  his  entrance,  prepare  his  mind  for 
such  an  event.  Health,  fortune,  tranquillity,  and  private 
connections,  I  have  sacrificed  upon  the  altar  of  the  pub- 
lic ;  and  the  only  retiuni  I  receive,  because  I  will  not 
concur  to  dupe  and  mislead  a  senseless  multitude,  is  bare- 
ly, that  they  have  not  yet  torn  me  in  pieces.  That  this 
has  been  the  only  return  is  my  pride,  and  a  source  of 
miore  real  satisfaction  than  honours  or  prosperity.  I  can 
practise,  before  I  am  old,  the  lessons  I  learned  in  my 


209 

youth  'y  nor  shall  I  ever  forget  the  words  of  my  anciez.c 

Monitor : 

*«  »Tis  the  last  key-stone 
That  makes  the  arch  :  the  rest  that  there  were  put 
Are  nothing,  till  tha\  comes  to  bind  and  shut : 
Then  stands  It  a  triumphal  mark  !  then  men 
Observe  the  strength,  the  height,  the  why  and  when 
It  was  erected;  and  still,  walking  under. 
Meet  some  new  matter  to  look  up  and  wonder'.*' 

I  am,  Sir,  your  humble  servant, 

John  Hornf, 


LETTER  LII. 

TO    THE    REVEREXD    MR.    HORNl!  . 

H,  •  July  24.  1771' 

I  CANNOT  descend  to  an  altercation  with  you  in 
the  newspapers  ;  but,  since  I  have  attacked  your  charac- 
ter, and  you  complain  of  injustice,  I  think  you  have  some 
right  to  an  explanation.     Vou  defy  me  to  prove  that  you 
ever  solicited  a  vote,  or  wrote  a  word,  in  support  of  the 
ministerial  aldermen.      Sir,   I   did  never  suspect  you   of 
such  gross  folly.     It  would  have  been  impossible  for  Mr. 
Home  to  have  solicited  votes,  and  very  difficult  to  have 
written  for  the  newspapers  in  defence  of  that  cause,  with- 
out being  detected  and  brought  to  shame.     Neither  do  I 
pretend  to  any  intelligence  concerning  you,  or  to  know 
more   of  your  conduct  than  you  yourself  have  thought 
proper  to  communicate  to  the  public.      It  is  from  your 
own  letters  I  conclude  that  you  have  sold  yourself  to  the 
ministry  :  or,  if  that  charge  be  too  severe,  and  supposin|> 
it  possible  to  be  deceived  by  appearances  so  very  strongly 
against  you,  what  are  your  friends  to  say  in  your  defence  ? 
Jvlust  they  not  confess,  that,  to  gratify  your  personal  hat' 
red  of  Mr.  Wilkes,  you  sacriiiced,  as  far  as  depended  on 
your  interest  and  abilities,  the  cause  of  the  country  ?    I 
can  make  allowance  for  the  violence  of  the  passions ;  and 
if  ever  I  should  be  convinced  that  you  had  no  motive  but 
to  destroy  Wilkes,  I  shall  then  be  ready  to  do  justice  to 
your  character,  and  to  declare  to  the  world  drat  I  despise 
you  somewhat  less  than  I  do  at  present.     But  as  a  public 
man,   I   must  for  ever  condemn  you.      You  cannot  but 

Q  ?. 


210 

know, — nay,  you  dare  not  pretend  to  be  ignorant,  that  the 
highest  gratiiication  of  which  the  most  detestable  *  *  in 
this  nation  is  capable,  w^ould  have  been  the  defeat  of  Wilkes. 
I  know  that  man  much  better  than  any  of  you.  Nature 
intended  him  only  for  a  good-humoured  fool.  A  systemati- 
cal education,  with  long  practice,  has  made  him  a  consum- 
mate hypocrite.  Yet  this  man,  to  say  nothing  of  his 
worthy  ministers,  you  have  most  assiduously  laboured  to 
gratify.  To  exclude  Wilkes,  it  was  not  necessary  you 
should  solicit  votes  for  his  opponents.  We  incline  the 
balance  as  effectually  by  lessening  the  weight  in  one  scale, 
as  by  increasing  it  in  the  other. 

The  mode  of  your  attack  upon  Wilkes  (though  I  am 
far  from  thinking  meanly  of  your  abilities)  convinces  me, 
that  you  either  w^ant  judgment  extremely,  or  that  you  are 
blinded  by  your  resentment.  You  ought  to  have  foreseen, 
that  the  charges  you  urged  against  W^ilkes  could  never  do 
him  any  mischief.  After  all,  when  we  expected  disco- 
veries highly  interesting  to  the  community,  w  hat  a  pitiful 
detail  did  it  end  in  1 — Some  old  clothes,  a  W^elsh  poney, 
A  French  footman,  and  a  hamper  of  claret.  Indeed,  Mr. 
Home,  the  public  should,  and  will  forgive  him  his  claret 
and  his  footman,  and  even  the  ambition  of  making  his 
brother  cliamberlain  of  London,  as  long  as  he  stands  forth 
against  a  ministry  and  parliament  who  are  doing  every 
thing  they  can  to  enslave  the  country,  and  as  long  as  he 
is  a  thorn  in  the  king's  side.  You  will  not  suspect  me  as 
r.etting  up  Wilkes  for  a  perfect  character.  The  question 
to  the  public  is.  Where  shall  w^e  find  a  man,  who,  with 
purer  principles,  will  go  the  lengths  and  run  the  hazards 
that  he  has  done  ?  The  season  calls  for  such  a  man,  and 
he  ought  to  be  supported.  What  would  have  been  the 
triumph  of  that  odious  hypocrite  and  his  minions,  if 
Wilkes  had  been  defeated?  It  was  not  your  fault,  reve- 
yend  Sir,  that  he  did  not  enjoy  it  completely. — But  now, 
I  promise  you,  you  have  so  little  power  to  do  mischief^ 
that  I  much  question  whether  the  ministry  will  adhere  to 
the  promises  they  have  made  you.  It  will  be  in  vain  to 
j.ay  that  I  am  a  partizan  of  Mr.  Wilkes,  or  personally 
your  enemy.  You  will  convince  no  man,  for  you  do  not 
believe  it  yourself.  Yet,  I  confLSs,  I  am  a  little  offended- 
at  the  low  rate,  at  which  you  seem  to  value  my  undcT- 


211^. 

standing.  I  beg,  Mr.  Home,  you  will  hereafter  believ^, 
that  I  measure  the  integrity  of  men  by  their  conduct,  not 
by  their  professions.  Such  tales  may  entertain  Mr.  Oliver, 
or  your  grandmother;  but,  trust  me,  they  are  thrown  away 
upon  Junius. 

You  say  you  are  a  man.  Was  it  generous,  was  it  man- 
ly, repeatedly  to  introduce  into  a  newspaper  the  name  of 
a  young  lady,  with  whom  you  must  heretofore  have  lived 
on  terms  of  politeness  and  good  humour? — But  I  have 
done  with  you.  In  my  opinion  your  credit  is  irrecover- 
ably ruined.  Mr.  Townshend,  I  think,  is  nearly  in  the 
same  predicament.  Poor  Oliver  has  been  shamefully  dup- 
ed by  you.  You  have  made  him  sacrifice  all  the  honour 
he  got  by  his  imprisonment.  As  for  Mr.  Sawbridge,  whose 
character  I  really  respect,  I  am  astonished  he  does  not  see 
through  your  duplicity.  Never  was  so  base  a  design  so 
poorly  conducted. — This  letter,  you  see,  is  not  intended  for 
the  public  ;  but,  if  you  think  it  will  do  you  any  service,  yoa 
are  at  liberty  to  publish  it. 

Junius, 

P.  S.  This  letter  was  transmitted  privately  by  the  printer 
to  Mr.  Home,  by  Junius's  request.  Mr.  Home  returned^ 
it  to  the  printer,  with  directions  to  publish  it. 


LETTER  LHI. 

FK05I  THE  REVEREND  MR.  HORNE  TO  Jui^'IUS. 

SIR,  Juiysi.  irri. 

You  have  disappointed  me.  When  I  told  you, 
that  surmise  and  general  abuse,  in  however  elegant  lan- 
guage, ought  not  pass  for  proofs,  I  evidently  hinted  at 
the  reply  which  I  expected:  but  you  have  dropped  your 
usual  elegance,  and  seem  willingly  to  try  what  will  be  the 
effect  of  surmise  and  general  abuse  in  very  course  lan- 
guage. Your  answer  to  my  letter  (which  I  hope  was 
cool,  and  temperate,  and  modest)  has  convinced  me,  that 
my  idea  of  a  man  is  much  superior  to  yours  of  a  gentle- 
man. Of  your  former  letters  I  have  always  said,  Mate-' 
rie?n  fiuperabat  opus  ;  I  do  not  think  so  of  the  present ;  the 
principles   are  more  detestable   than  the  expressions  are- 


212 

mean  and  illiberal.     I  am  contented,  that  all  those  who 
adopt  the  one  should  for  ever  load  me  with  the  other. 

I  appeal  to  the  common  sense  of  the  public,  to  which 
I  have  ever  directed  nay  self :  I  believe  they  have  it,  though 
I  am  sometimes  half  inclined  to  suspect  that  Mr.  Wilkes  • 
has  formed  a  truer  judgment  of  mankind  than  I  have 
However,  of  this  I  am  sure,  that  there  is  nothing  else 
upon  wiiich  to  place  a  steady  reliance.  Trick,  and  low 
cunning,  and  addressing  their  prejudices  and  passions,  may- 
be the  fittest  means  to  carry  a  particular  point ;  but  if  they 
have  not  common  sense,  there  is  no  prospect  of  gaining 
for  them  any  real  permanent  good,  i  he  same  passions 
which  have  been  artfully  used  by  an  holiest  man  for  their 
advantage,  may  be  more  artfully  employed  by  a  dishonest 
man  for  their  destruction.  I  desire  them  to  apply  their 
common  sense  to  this  letter  of  Junius  ;  not  for  my  sake, 
but  their  own  :  it  concerns  them  most  nearly  ;  for  the  prin- 
ciples it  contains  lead  to  disgrace  and  ruin,  and  are  incon- 
sistent with  every  notion  of  civil  society. 

The  charges  which  Junius  has  brought  against  me,  are 
made  ridiculous  by  his  own  inconsistency  and  self  contra- 
diction. He  charges  me  positively  with  "  a  new  zeal  ia 
'•  support  of  administration;"  and  with  "  endeavours  in 
"  support  of  the  ministerial  nomination  of  sheriffs.'*  And 
he  assigns  two  inconsistent  motives  for  my  conduct :  either 
that  I  have  "  sold  myself  to  the  ministry,"  or  ara  insti- 
gated "  by  the  solitary  vindictive  malice  of  a  monk ;"  ei- 
ther that  I  am  infliicnced  by  a  sordid  desire  of  gain,  or  am 
hurried  on  by  *'  personal  hatred,  and  blinded  by  resent- 
"  ment."  In  his  letter  to  the  •  «uke  of  Grafton,  he  sup> 
poses  me  actuated  by  both  :  in  his  letter  to  me,  he  at  first 
doubts  which  of  the  two,  whether  interest  or  revenge, 
is  my  motive.  However,  at  last  he  determines  for  the 
former,  and  again  positively  asserts,  that  "  the  ministry 
*'  have  made  me  proniises  :"  yet  he  produces  no  instance 
of  corruption,  nor  pretends  to  have  any  intelligence  of  a 
ministerial  connection.  He  mentions  no  cause  of  a  per- 
sonal hatred  to  Mr.  Wilkes,  nor  any  reason  for  my  resent- 
ment or  revenge  ;  nor  has  Mr.  Wilkes  himself  ever  hint- 
ed any,  though  repeatedly  pressed.  When  Junius  is 
called  upon  to  justify  his  accusation,  he  ai  sv/ers,  "Pie 
^•cannot  descend  to  an  altercation  with  .  .e  nev/s- 


213 

•*  papers.*'  Junius,  who  exists  only  in  the  newspapers? 
who  acknowledges  "  he  has  attacked  my  character  there, 
''  and  thinks  1  have  some  right  to  an  explanation ;'" 
*yet  this  Junius  "  cannot  descend  to  an  altercation  in  the 
"  newspapers  i"  And  because  he  cannot  descend  to  an 
altercation  with  me  in  the  newspapers,  he  sends  a  letter 
of  abuse  by  the  printer,  which  he  fniishes  with  telling* 
me — "  I  am  at  liberty  to  publish  it."  This,  to  be  sure,  is  u 
most  excellent  method  to  avoid  an  altercation  in  the  news- 
pa  pei^  I 

The  proofs  of  his  positive  charges  are  as  extraordinary  - 
''^  He  does  not  pretend  to  any  intelligence  concerning  me, 
*'  or  to  know  more  of  my  conduct  than  I  myself  have 
"  thought  proper  to  communicate  to  the  public."  Hv. 
does  not  suspect  me  of  such  gross  folly  as  to  have  soli- 
cited votes,  or  to  have  written  anonymously  in  the  news^ 
papers  ;  because  it  is  impossible  to  do  either  of  these  with- 
out being  detected  and  brought  to  shame. — Junius  says 
this  ! — v/ho  yet  imagines  that  he  has  himself  written  two 
years  under  that  signature  (and  more  under  others),  witii- 
out  being  detected  1 — his  warmest  admirers  will  not  here^ 
after  add,  without  being  brought  to  shame.  But  though 
he  never  did  suspect  me  of  such  gross  folly  as  to  run  tiie 
hazard  of  being  detected  and  brought  to  shame  by  anony- 
mous writing,  he  insists,  that  I  have  been  guilty  of  a  much 
grosser  folly,  of  incurring  the  certainty  of  shame  and  de- 
tection, by  writings  signed  with  my  name  !  But  this  is  a 
small  flight  for  the  towering  Junius:  He  is  far  from 
"  thinking  meanly  of  my  abilities,"  though  he  is,  "  con  • 
"  vinced  that  I  want  judgment  extremely  ;*'  and  can 
"  really  respect  Mr.  Sawbridge's  character,"  though  he 
declares  him  c  to  be  so  poor  a  creature,  as  not  to  "  see 
"  through  the  basest  design  conducted  in  the  poorest 
"  manner '."  And  this  most  base  design  is  conducted  in 
the  poorest  manner,  by  a  man  whom  he  does  not  suspect 
of  gross  folly,  and  of  whose  abilities  he  is  far  from  think- 
ing meanly  1 

Should  we  ask  Junius  to  reconcile  these  contradictions, 
and  explain  this  nonsense,  the  answer  is  ready ; — "  He 
"  cannot  descend  to  an  altercation  in  the  newspapers." 
He  feels  no  reluctance  to  attack  the  character  of  any  nigtn  : 
the  throne  is  not  too  high,  nor  the  cottage  too  low :  hj;s 


214 

mighty  malice  can  grasp  both  extremes  :  he  hints  not  hijj 
accusations  as  opinion,  conjecture  or  inference,  but  delivers 
them  as  positive  assertions.  Do  the  accused  complain  of 
injustice  ?  He  acknowledges  they  have  some  sort  of  right 
to  an  explanation  ;  but  if  they  ask  for  proofs  and  facts,  he 
begs  to  be  excused  ;  and  though  he  is  no  vi^here  else  to  be 
encountered — '^  he  cannot  descend  to  an  alterc  ition  in  the 
^  nev^spapers." 

And  this,  perhaps,  Junius  may  think  the  "  liberal  re-i 
'•'  sentment  of  a  gentleman :"  This  skulking  assassination 
he  may  call  courage.  In  all  things,  as  in  this,  I  hope  wc 
differ. 

I  tliought  that  fortitude  had  been  a  mean 
^Twixt  fear  and  rashness :  not  a  lust  obscene 
Or  appetite  of  oiFending';  but  a  skill 
And  nice  discernment  between  g-ood  and  ill. 
Her  ends  are  honesty  and  public  good, 
And  without  these  she  is  not  understood. 

Of  two  things,  however,  he  has  condescended  to  give 
proof.  He  very  properly  produces  a  young  lady,  to  prove 
that  I  am  not  a  man ;  and  a  good  old  woman,  my  grand- 
mother, to  prove  Mr.  Oliver  a  fool.  Poor  old  soul  1  She  read 
her  Bible  far  othervvise  than  Junius  !  She  often  found  there, 
that  the  sins  of  the  fathers  had  been  visited  on  the  chil- 
dren ;  and  therefore  was  cautious  that  herself,  and  her 
immediate  descendants,  should  leave  no  reproach  on  her 
posterity  :  and  they  left  none.  How  little  could  she  fore- 
i- ee  this  reverse  of  Junius,  who  visits  my  political  sins  up- 
on my  grandmother  !  I  do  not  charge  this  to  the  score 
of  malice  in  him  ;  it  proceeded  entirely  from  his  propen-^ 
sity  to  blunder  j  that  whilst  he  v/as  reproaching  me  for 
introducing,  in  the  most  harmless  manner,  the  name  of 
one  female,  he  might  himself,  at  the  same  instant  introduce 
two, 

I  am  represented  alternately,  as  it  suits  Junius's  pur- 
pose, under  the  opposite  characters  of  a  gloomy  monk, 
and  a  man  of  politeness  and  good  humour.  I  am  called 
*' a  solitary  monk,"  in  order  to  confirm  the  notion  given 
of  me  in  Mr.  Wilkes's  anonymous  paragraphs,  that  I  ne- 
ver laugh.  And  the  terms  of  politeness  and  good  hu- 
mour, on  which  I  am  said  to  have  lived  heretofore  with 
the  young  lady,  are  intended  to  confirm  other  paragraphs 
of  Mr.  Wilkes,  in  which  he  is  supposed  to  have  offended 


2i6 

me  by  refusing  his  daughter.  Ridiculous  1  Yet  I  cannot 
deny  but  that  Junius  has  proved  me  unmanly  and  unge- 
nerous, as  clearly  as  he  has  shown  me  corrupt  and  vindic- 
tive. And  1  will  tell  him  more  ;  I  have  paid  the  present 
ministry  as  many  visits  and  compliments  as  ever  I  paid  to 
the  young  lady  ;  and  shall  all  ray  life  treat  them  with  the 
same  politeness  and  good  humour. 

But  Junius  "  begs  me  to  believe,  that  he  measures  the 
"  integrity  of  men  by  their  conduct,  not  by  their  profes- 
"  sions."  Sure  this  Junius  must  imagine  his  readers  as 
void  of  understanding  as  he  is  of  modesty  1  Where  shall 
we  find  the  standard  of  his  integrity  ?  By  what  are  we 
to  measure  the  conduct  of  this  lurking  assassin  ? — And  he 
says  this  to  me,  whose  conduct,  whereever  I  could  per- 
sonally appear,  has  been  as  direct,  and  open,  and  public 
as  my  words.  I  have  not,  like  him,  concealed  myself  in 
my  chamber,  to  shoot  my  arrows  out  of  the  window  ; 
nor  contented  myself  to  view  the  battle  from  afar ;  but 
publicly  mixed  in  the  engagement,  and  shared  the  danger. 
To  whom  have  I,  like  him,  refused  my  name  upon  com- 
plaint of  injury  ?  What  printer  have  I  desired  to  conceal 
me  ?  In  the  infinite  variety  of  business  in  which  I  have  been 
concerned,  where  it  is  not  so  easy  to  be  faultless,  which  of 
my  actions  can  he  arraign  ?  To  what  danger  has  any  man 
been  exposed,  which  I  have  not  faced  ?  information,  action, 
imprisonment,  or  death?  What  labour  have  I  refused? 
what  expencc  have  I  declined  ?  what  pleasure  have  1  not 
renounced  ? — But  Junius,  to  whom  no  conduct  belongs, 
^'  measures  the  integrity  of  men  by  their  conduct,  not  by 
*'  their  professions ;"  himself  all  the  while  being  nothing 
but  professions,  and  those  too,  anonymous  i  The  political 
ignorance  or  wilful  falsehood  of  this  declaimer  is  extreme. 
His  own  former  letters  justify  both  my  conduct  and  those 
whom  his  last  letter  abuses  :  for  the  public  measures  which 
Junius  has  been  all  along  defending,  were  ours  whom  he 
attacks ;  and  the  uniform  opposer  of  those  measures  has 
been  Mr.  Wilkes,  whose  bad  actions  and  intentions  he  en- 
deavours to  screen. 

Let  Junius  nov/,  if  he  pleases,  change  his  abuse  ;  and, 
quitting  his  loose  hold  of  interest  and  revenge,  accuse  me 
of  v;\:)irv.  and  ca1i  'i'l-  defence  boasting.  1  own  I  have 
V  '-d,  and   the    highest  honours 


2U 

inighty  inalice  can  grasp  both  extremes  :  he  hints  not  hia- 
accusations  as  opinion,  conjecture  or  inference,  but  delivers 
them  as  positive  assertions.  Do  the  accused  complain  of 
injustice  ?  He  acknowledges  they  have  some  sort  of  right 
to  an  explanation  :  but  if  they  ask  for  proofs  and  facts,  he 
begs  to  be  excused  ;  and  though  he  is  no  where  else  to  be 
encountered — "  he  cannot  descend  to  an  alteration  in  the 
'^'  newspapers." 

And  this,  perhaps,  Junius  may  think  the  "  liberal  re-. 
'-  sentment  of  a  gentleman :"  This  skulking  assassination 
he  may  call  courage.  In  all  things,  as  in  this,  I  hope  wc 
differ. 

I  tliought  that  fortitude  had  been  a  mean 
^Twixt  fear  and  rashness  :  not  a  lust  obscene 
Or  appetite  of  oiFending';  but  a  skill 
And  nice  discernment  between  good  and  ill. 
Her  ends  are  honesty  and  public  good, 
And  without  these  she  is  not  understood. 

Of  two  things,  however,  he  has  condescended  to  give 
proof.  He  very  properly  produces  a  young  lady,  to  prove 
that  I  am  not  a  man ;  and  a  good  old  woman,  my  grand- 
mother, to  prove  Mr.  Oliver  a  fool.  Poor  old  soul !  She  read 
her  Bible  far  otherwise  than  Junius !  She  often  found  there, 
that  the  sins  of  the  fathers  had  been  visited  on  the  chil- 
dren ;  and  therefore  was  cautious  that  herself,  and  her 
immediate  descendants,  should  leave  no  reproach  on  her 
posterity  :  and  they  left  none.  How  little  could  she  fore- 
i" ee  this  reverse  of  Junius,  who  visits  my  politicrd  sins  up- 
on my  grandmother !  I  do  not  charge  this  to  the  score 
of  malice  in  him  ;  it  proceeded  entirely  from  his  propen- 
sity to  blunder  j  that  whilst  he  vv^as  reproaching  me  for 
introducing,  in  the  most  harmless  manner,  the  name  of 
one  female,  he  might  himself,  at  the  same  instant  introduce 
two. 

I  am  represented  alternately,  as  it  suits  Juniu3's  pur 
pose,  under  the  opposite  characters  of  a  gloomy  monk, 
and  a  man  of  politeness  and  good  humour.  I  am  called 
*' a  solitary  monk,"  in  order  to  confirm  the  notion  givei 
of  me  in  Mr.  Wilkes's  anonymous  paragraphs,  that  I  nc 
ver  laugh.  And  the  terms  of  politeness  and  good  hu 
mour,  on  which  I  am  said  to  have  lived  heretofore  witli 
the  young  lady,  are  intended  to  confirm  other  paragraphs 
of  Mr.  Wilkes,  in  which  he  is  supposed  to  have  offended 


215 

«ie  by  refusing  his  daughter.  Ridiculous  1  Yet  I  cannot 
deny  but  that  Junius  has  proved  me  unnnanly  and  unge- 
nerous, as  clearly  as  he  has  shown  me  corrupt  and  vindic- 
tive. And  1  will  tell  him  more  ;  I  have  paid  the  present 
ministry  as  many  visits  and  compliments  as  ever  I  paid  to 
the  young  lady  ;  and  shall  all  my  life  treat  them  with  the 
same  politeness  and  good  humour. 

But  Junius  ''  begs  me  to  believe,  that  he  measures  the 
"  integrity  of  men  by  their  conduct,  not  by  their  profes- 
"  sions."  Sure  this  Junius  must  imagine  his  readers  as 
void  of  understanding  as  he  is  of  modesty  !  Where  shall 
we  find  the  standard  of  his  integrity  I  By  what  are  we 
to  measure  the  conduct  of  this  lurking  assassin  ? — And  he 
says  this  to  me,  whose  conduct,  whereever  1  could  per- 
sonally appear,  has  been  as  direct,  and  open,  and  public 
as  my  words.  I  have  not,  like  him,  concealed  myself  in 
my  chamber,  to  shoot  my  arrows  out  of  the  window  ; 
nor  contented  myself  to  view  the  battle  from  afar ;  but 
publicly  mixed  in  the  engagement,  and  shared  the  danger. 
To  whom  have  I,  like  him,  refused  my  name  upon  com- 
plaint  of  injury  ?  What  printer  have  I  desired  to  conceal 
me  ?  In  the  infinite  variety  of  business  in  which  I  have  been 
oneerned,  where  it  is  not  so  easy  to  be  faultless,  which  of 
my  actions  can  he  arraign  ?  To  what  danger  has  any  man 
been  exposed,  which  I  have  not  faced  ?  information,  action, 
Imprisonment,  or  death?  What  labour  have  I  refused? 
what  expencc  have  I  declined  ?  what  pleasure  have  1  not 
renounced  ? — But  Junius,  to  whom  no  conduct  belongs, 
''  measures  the  integrity  of  men  by  their  conduct,  not  by 
♦^  their  professions ;"  himself  all  the  while  being  nothing 
but  professions,  and  those  too.  anonymous  !  The  political 
ignonmce  or  wilful  falsehood  of  this  declaimer  is  extreme. 
His  own  former  letters  justify  both  my  conduct  and  those 
vvliom  his  last  letter  abuses  :  for  the  public  measures  which 
Junius  has  been  all  along  defending,  were  ours  whom  he 
attacks ;  and  the  uniform  opposer  of  those  measures  has 
been  ^h\  Wilkes,  whose  bad  actions  and  intentions  he  en- 
deavours to  screen. 

Let  Junius  nov/,  if  he  pleases,  change  his  abuse  ;  and. 
quitting  his  loose  hold  of  interest  and  revenge,  accuse  mc 
of  vanity,  and  call  this  defence  boasting.  1  own  I  have 
pridf.ro  'H^e    ^^tatutes  decreed,  and   the    hig:l.est   honoU'"<; 


216 

conferred,  for  measures  and  actions  which  all  men  have  ap- 
proved ;  whilst  those  who  counselled  and  caused  them  arc 
execrated  and  insulted.  The  darkness  in  which  Junius 
thinks  himself  shrouded,  has  not  concealed  him  ;  nor  the 
artifice  of  only  attacking  under  that  signature  thos€  he 
would  pull  down  (whilst  he  recommends  by  other  ways 
those  he  would  have  promoted),  disguised  from  me  whose 
partizan  he  is.  When  Lord  Chatham  can  forgive  the  awk- 
ward situation  in  which,  for  the  sake  of  the  public,  he  was 
designedly  placed  by  the  thanks  to  him  from  the  city ;  and 
when  Wilkes's  name  ceases  to  be  necessary  to  Lord  Rock- 
ingham to  keep  up  a  clamour  against  the  persons  of  the 
ministry,  without  obliging  the  different  factions  now  in 
opposition  to  bind  themselves  before  hand  to  some  certain 
points,  and  to  stipulate  some  precise  advantages  to  the  pub- 
lic ;  then,  and  not  till  then,  may  those  whom  he  now  a- 
buses  expect  the  approbation  cf  Junius.  The  approbation 
of  the  public  for  our  faithful  attention  to  their  interest, 
by  endeavours  for  those  stipulations,  which  have  made  us 
as  obnoxious  to  the  factions  in  opposition  as  to  those  in 
administration,  is  not  perhaps  to  be  expected  till  some 
years  hence  ;  when  the  public  will  look  back,  and  see  how 
shamefully  they  have  been  deluded,  and  by  what  arts  they 
were  made  to  lose  the  golden  opportunity  of  preventing 
what  they  will  surely  experience,—- a  change  of  ministers, 
without  a  material  change  of  measures,  and  without  any 
security  for  a  tottering  constitution. 

But  what  cares  Junius  for  the  security  of  the  constitu- 
tion ?  He  has  now  unfolded  to  us  his  diabolical  princi- 
ples. As  a  public  man,  he  must  ever  condemn  any  meaj; 
sure  which  may  tend  accidentally  to  gratify  the  sovereign  ; 
and  Mr.  Wilkes  is  to  be  supported  and  assisted  in  all  his 
attempts  (no  matter  how  ridiculous  and  mischievous  his 
projects),  "  as  long  as  he  continues  to  be  a  thorn  in  the 
''  King's  side  !"— The  cause  of  the  country,  it  seems,  in 
the  opinion  of  Junius,  is  merely  to  vex  the  King;  and 
any  rascal  is  to  be  supported  in  any  roguery,  provided  he 
can  only  thereby  plant  a  thorn  in  the  King's  side— This 
is  the  very  extremity  of  faction,  and  the  last  degree  of 
political  wickeciness.  Because  I  ord  Chatham  has  been  ill 
treated  by  the  King,  and  treacherously  betrayed  by  the 
Duke  of  Grafton,    the    latter  is  to  be   **  the   plllov/  on 


2 1  r 

-  which  Junius  will"  rest  his  resentment ;"  and  the  public 
are  to  oppose  the  measures  of  government  from  mere  mo- 
tives of  personal  enmity  to  the  sovereign !  These  are  the 
avovred  principles  of  the  man  who,  in  the  same  letter, 
says,  "  If  ever  he  should  be  convinced  that  I  had  no  mo- 
*'  tive  but  to  destroy  Wilkes,  he  shall  then  be '  ready  to 
*'  do  justice  to  my  character,  and  to  declare  to  the  world 
"  that  he  despises  me  somewhat  less  than  he  does  at  pre- 
"  sentT'  Had  I  ever  acted  from  personal  affection  or 
enmity  to  Mr.  Wilkes,  I  should  justly  be  despised ;  but 
what  does  he  deserve^  whose  avowed  motive  is  personal 
enmity  to  the  sovereign  ?  The  contempt  which  I  should 
otherwise  feel  for  the  absurdity  and  glaring  inconsistency 
of  Junius,  is  here  swallowed  up  in  my  abhorrence  of  his 
principles.  The  right  divipe  and  sacredness  of  kings  is 
tame  a  senseless  jargon.  It  was  thought  a  daring  expres- 
sion of  Oliver  Cromwell  in  the  time  of  Charles  the  First, 
that  if  he  found  himself  placed  opposite  to  the  King  in 
battle,  he  would  discharge  his  piece  into  his  bosom  as 
soon  as  into  any  other  man's.  I  go  farther  :  had  I  lived 
in  those  days,  I  would  not  have  waited  for  chance  to  give 
me  an  opportunity  of  doing  my  duty ;  I  would  have 
sought  him  through  the  ranks,  and,  without  the  least  per- 
sonal enmity,  have  discharged  my  piece  into  his  bosom  ra- 
ther than  into  any  other  man's.  The  king  whose  actions 
justify  rebellion  to  his  government,  deserves  death  from 
the  hand  of  every  subject.  And  should  such  a  time  arrive, 
I  shall  be  as  free  to  act  as  to  say :  but  till  then,  my  attach- 
ment to  the  person  and  family  of  the  sovereign  shall  ever 
be  found  more  zealous  and  sincere  than  that  of  his  flatterers. 
I  would  offend  the  sovereign  with  as  much  reluctance  as 
the  parent ;  but  if  the  happiness  and  security  of  the  v;holc 
family  made  it  necessary,  so  far,  and  no  farther,  I  would 
offend  him  without  remorse. 

But  let  us  consider  a  little  whether  these  principles  of 
Ximius  would  lead  us.  Should  Mr.  Wilkes  once  more 
commission  Mr.  Thomas  Walpole  to  procure  for  him  a 
pension  of  one  thousand  pounds  upon  the  Irish  establish- 
ment for  thirty  years,  he  must  be  supported  in  the  demand 
by  the  public — because  it  would  mortify  the  king  ! 

Should  he  wish  to  see  Lord  Rockingham  and  his  friends 
once  more  in  administration,  '^  uncloggcd  by  any  stipu- 


2iB 

^'  lations  for  the  people,"  that  he  might  again  enjoy  ^ 
"•'  pension  of  one  thousand  and  forty  pounds"  a-year,  viz. 
from  the  "  First  Lord  of  the  Treasury"  5001.  from  the 
"•  Lords  of  the  Treasury,"  601.  each ;  from  the  "  Lords 
"  of  Trade,"  401.  each,  Sec.  the  public  must  give  up  their 
.Vitention  to  points  of  national  benefit,  and  assist  Mr. 
Wilkes  in  his  attempt — because  it  would  mortify  the 
Idng  I 

Should  he  demand  the  government  of  Canada,  or  of 
Jamaica,  or  the  embassy  to  Constantinople,  and  in  case  oi 
refusal,  threaten  to  write  them  down,  as  he  had  before 
served  another  administration,  in  a  year  and  a  half,  he  must 
be  supported  in  his  pretensions,  and  upheld  in  his  insolence 
'—because  it  would  mortify  the  king  ! 

Junius  may  choose  to  suppose  that  these  things  cannot 

ppen!    But  that  they  have  happened,  notwithstanding 

Ir.    Wilkes's  denial,  I   do  aver.      I  maintain   that  Mr. 

V  illces  did  commission  Mr.  Thomas  Walpole  to  solicit 

>v  him  a  pension  of  10001.  on  the  Irish  establishment  for 

iliirty  years ;  with  which,  and  a  pardon,  he  declared  he 

would  be    satisfied  ;  and  that,  notwithstanding   his  letter 

to  Mr.  Onslow,  he   did  accept  a  clandestine,  precarious, 

•id  eleemosynary  pension  from  the  Rockinghran  adminis- 

adon  ;    which  they  paid  in  proportion    to,  and    out   of 

«eir  salaries:  and  so  entirely  \\ as  it  ministerial,  that  as 

■\y  of  them  went  out  of  the  ministry,  their  names  were 

ratched  out  of  the  list,  and  they  contributed  no   longer. 

.;   say,  he  did  solicit  the  governments,  and  the  embassy, 

and  threatened  their  refusal  nearly  in  these  words  : — "  It 

**  cost  me  a  year  and  a  half  to   write  down  the  last  ad- 

*•  ministration;  should  I  employ  as  much  time  upon  you, 

^^' Yi;^vy   few   of   you  v/ould   be   in   at,  the   tleath."     When 

these  threats  did  not  prevail,  he  came  over  to  England  to 

emJjarrass  them  by  his  presence  :  and  when  he  found  that 

Lord  Rocldngliam  was  something  firmer,  and  more  manly 

than  he  expected,  and  refused  to  be  bullied  into  what  he 

could  not   perform,  Mr.   Wilkes   declared,  that  he  could 

not  leave   England   without    money  ;    and   the   Duke    of 

Portland   and   Lord    Rockingham    purchased  his   absence 

with     1001.    apiece,    with    v/iiich   he    returned    to    Paris. 

And  for  the  truth  of  what  i  here  advance,  1  appeal  to  the 

Duke  of   Portland,  to  Lord  Rockingham,  to   i^ord  John 


:2  19 

Cavendish,  to  Mr.  Walpole,  t<c. — I  appeal  to  the  hand- 
writing of  Mr.  Wilkes,  which  is  still  extant. 

Should  Mr.  Wilkes  afterwards  (failini^  in  his  whole- 
sale trade)  choose  to  dole  out  his  popularity  by  the  poiind, 
and  expose  the  city  offices  to  sale,  to  his  brother,  his  attor- 
ney, ScCc  Junius  will  tell  us,  it  is  only  an  ambition  that  he 
has  to  make  them  chamberlain,  town-clerk,  Sec.  and  he  must 
not  be  opposed  in  thus  robbing  the  ancient  citizens  of  their 
birthright — ^because  any  defeat  of  Mr.  Wilkes  ^vouId  gratify 
the  King! 

Should  he,  after  consuming  the  whole  of  his  own  for- 
tune, and  that  of  his  wife,  and  incurring  a  debt  of  twenty 
thousand  pounds,  merely  by  his  own  private  extravagance, 
without  a  single  service  or  exertion  all  this  time  for  the 
public,  whilst  his  estate  remained;  should  he  at  length, 
being  undone,  commence  patriot,  have  the  good  fortune 
to  be  illegally  persecuted,  and  in  consideration  of  that  il- 
legality, be  espoused  by  a  few  gentlemen  of  the  purest 
public  principles ;  sh.ould  his  debts  (though  none  of  them 
were  contracted  for  the  pubUc)  and  all  hh  other  encum- 
brances be  discharged  ;  should  he  be  offered  6001.  or 
10001.  a-year,  to  make  him  independent  for  the  future; 
and  should  he,  after  all,  instead  of  gratitude  for  these 
services,  insolently  forbid  his  benefactors  to  bestow  their 
own  money  upon  any  other  subject  but  himself,  and  re- 
vile them  for  setting  any  bounds  to  their  supplies ;  Junius 
(who,  any  more  than  Lord  Chatham,  never  contributed 
one  farthing  to  these  enonnous  expences)  will  tell  them, 
that  if  they  think  of  converting  the  supplies  of  Mr.  Wilkes^s 
-private  extravagance  to  the  support  of  public  measures — 
they  are  as  great  fools  as  my  grandmother :  and  that  Mr. 
Wilkes  ought  to  hold  the  strings  of  their  purses — "  asionc»~ 
"  as  he  continues  to  be  a  thorn  in  the  king's  side  1" 

Upon  these  principles  I  never  have  acted,  and  I  never 
will  act  In  my  opinion,  it  is  less  dishonourable  to  be 
the  creature  of  a  court,  than  the  tool  of  a  faction.  I 
will  not  be  either.  I  understand  the  two  c;reat  leaders  of 
opposition  to  be  Lord  Rockingham  and  Lord  Chatham; 
imder  one  of  whose  banners,  all  the  opposing  members  of 
both  Houses,  who  desire  to  get  places,  enlist.  I  can  place 
no  confidence  in  either  of  them,  or  in  any  others,  unless 
they  will  bow  engage,  whilst  they  are  out,  to  grunt  cer* 


220 

tarn  essential  advantages  for  the  security  of  the  public^ 
when  they  shall  be  in  administration.  These  points  they 
refuse  to  stipulate,  because  they  are  fearful  lest  they  should 
prevent  any  future  overtures  from  the  court.  To  force 
them  to  these  stipulations,  has  been  the  uniform  endea- 
"oiir  of  Mr.  Sav/bridge,  Mr.  Townsend,  Mr.  Oliver,  kc. 

cl  iriKRF.ioRE  they  are  abused  by  Junius.  I  know  n© 
rea^.on  but  my  zeal  and  industry  in  the  same  cause,  that 
should  entitle  me  to  the  honour  of  being  ranked  by  his 

lise  with  persons  of  their  fortune  and  station..  It  is  a 

ity  I  owe  to  the  memory  of  the  late  Mr.  Beckford,  to 
.-,  that  he  had  no  other  aim  than  this,  when  he  provided 
..lit  sumptuous  entertainment  at  the  Mansion-house  for 
jhe  members  of  both  Houses  in  opposition.  At  that  time 
lie  drew  up  the  heads  of  an  engagement,  which  he  gave 
TO  me,  with  a  request  that  I  would  couch  it  in  terms  s® 
cautious  and  precise,  as  to  leave  no  room  for  future  quib- 
ble and  evasion;  but  to  oblige  them  eitiier  to  fulfil  the 
intent  of  the  obligation,  or  to  sign  their  own  infamy, 
and  leave  it  on  record  :  and  this  engagement  he  v/as  de- 
termined to  propose  to  them  at  the  Mansion-house,  that 
cither  by  their  refusal  they  mightr  forfeit  the  confidence  of 
the  public,  or  by  the  engagement  lay  a  foundation  for 
confidence.  When  they  were  informed  of  the  inten- 
tion, Lord  Rockingham  and  his  friends  flatly  refused  any 
engagement ;  and  Mr.  Becktbrd  as  flatJy  swore,  they 
should  then  "  eat  none  of  his  broth  ;'*  and  he  was  de- 
termined to  put  off  the  entertainment :  But  Mr.  Beckford 
■  was  prevailed  upon  by to  indulge  them  in  the  ridi- 
culous parade  of  a  popular  procession  through  the  city, 
and  to  give  them  the  foolish  pleasure  of  an  imaginary 
consequence,  for  the  real  benefit  only  of  the  cooks  and  pur- 
veyors. 

It  was  the  same  motive  which  dictated  the  thanks  of 
the  city  to  Lord  Chatham ;  wiiich  were  expressed  to  be 
given  for  his  declaration  in  favour  of  short  parliaments; 
in  order  thereby  to  fix  Lord  Chatham  at  least  to  that  one 
constitutional  remedy,  without  which  all  others  can  afford 
no  security.  The  embarrassment,  no  doubt,  was  cruel. 
He  had  his  choice  either  to  offend  the  Rockingham  party, 
who  declared  formally  against  short  parliaments ;  and 
with  the  assistance  of  whose  numbers  in  both  houses,  he 


must  expect  again  to  be  minister ;  or  to  give  up  ihc  confi- 
dence of  the  public,  from  whom  finally  all  real  consequence 
must  proceed.  Lord  Chatham  chose  the  latter :  and  I  will 
venture  to  say  that,  by  his  ansv/er  to  those  thanks,  he  has 
given  up  the  people,  without  gaining  the  friendship  or  cor- 
dial assistance  of  the  Rockingham  faction  ;  whose  little 
politics  are  confined  to  the  making  of  matches,  and  extend- 
ing their  family  connections,  and  who  think  they  gain  more 
by  procuring  one  additional  vote  to  their  party  in  the  House 
of  Commons,  than  by  adding  their  languid  property  and 
feeble  character  to  the  abilities^of  a  Chatham,  ot  the  confi- 
dence of  a  public. 

Whatever  may  be  the  event  of  the  present  wretched 
state  of  politics  in  this  country,  the  principles  of  Junius 
will  suit  no  form  of  government.  They  are  not  to  be  to- 
lerated under  any  constitution.  Personal  enmity  is  a  mo- 
tive fit  only  for  the  devil.  Whoever,  or  whatever  is  so- 
vereign, demands  the  respect  and  support  of  the  people. 
The  union  is  formed  for  their  happiness,  which  cannot 
be  had  without  mutual  respect;  and  he  counsels  mali- 
eiously,  who  would  persuade  either  to  a  wanton  breach 
of  it.  When  it  is  banished  by  either  party,  and  v/heu 
every  method  has  been  tried  in  vain  to  restore  it,  there  i 
no  remedy  but  a  divorce :  But  even  then  he  must  have  u 
hard  and  a  wicked  heart  indeed,  who  punishes  the  greatest 
criminal,  merely  for  the  sake  of  the  punishment ;  and  who 
does  not  let  fall  a  tear  for  every  drop  of  blood  that  is  shed 
in  a  public  struggle,  however  just  the  quarrel. 

John  jioitNF, 


LETTER  LIV. 


TO  THE    PRINTER  OF    THE    PUBLIC    ADVliRTISF.I^ 

^IR5  Aug.  15.  ITYL 

I  OUGHT  to  make  an  apology  to  the  Duke  of 
Grafton,  for  suffering  any  part  of  my  attention  to  be  di- 
verted from  his  Grace  to  Mr.  Home.  I  am  not  justified 
by  the  similarity  of  tlieir  dispositions.  Private  vices,  how 
ever  detestable,  have  not  dignity  sufTicient  to  attnict  th* 
censure  of  the  press,  unless  they  arc  united  with  t;j«^ 
po:iyer  of  doing  some  signal  mischief  to  the  communitv 

ii  2 


222 

—Mr.  Home's  situation  does  not  correspond  with  his  in- 
tentions.— In  my  own  opinion,  (which,  I  know,  will  be 
attributed  to  my  usual  vanity  and  presumption),  his  letter 
to  me  does  not  deserve  an  answer.  But  I  understand  that 
the  public  are  not  satisfied  with  my  silence  ; — that  an  an- 
swer is  expected  from  me  ;  and  that  if  I  persist  in  refusing 
to  plead,  it  will  be  taken  for  conviction.  I  should  be  incon- 
sistent with  the  principles  I  profess,  if  I  declined  an  appeal 
to  the  good  sense  of  the  people,  or  did  not  willingly 
submit  myself  to  the  judgment  of  my  peers. 

If  any  coarse  expressions  have  escaped  me,  I  am  ready 
to  agree  that  they  are  unfit  for  Junius  to  make  vise  of; 
but  1  see  no  reason  to  admit  that  they  have  been  improperly 
applied. 

Mr.  Home,  it  seems,  is  unable  to  comprehend  how  aKt 
extreme  w^ant  of  conduct  and  discretion  can  consist  with 
the  abilities  I  have  allow^ed  him ;  nor  can  he  conceive 
that  a  very  honest  man,  with  a  very  good  understanding, 
may  be  deceived  by  a  knave.  His  knowledge  of  human 
nature  must  be  limited  indeed.  Had  he  never  mixed 
%vith  the  world,  one  would  think  that  even  his  books 
might  have  taught  him  better.  Did  he  hear  Lord  Mans- 
field, when  he  defended  his  doctrir-e  concerning  libels? 
or  when  he  stated  the  law  in  prosecutions  for  criminal 
<  onversation  ?  or  when  he  delivered  his  reasons  for  call- 
mg  the  House  of  Lords  together  to  receive  a  copy  of  his 
♦charge  to  the  jury  in  Woodfall's  trial  ?  Had  he  been  pre- 
j^ent  upon  any  of  these  occasions,  he  would  have  seen  how 
possible  it  is  for  a  man  of  the  first  talents  to  confound 
himself  in  absurdities,  which  would  disgrace  the  lips  of 
iin  idiot.  Perhaps  the  example  might  have  taught  him 
not  to  value  his  owii  understanding  so  highly.  Lord  Lyt- 
telton's  integrity  and  judgment  are  unquestionable  ;  yel 
he  is  known  to  admire  that  cunning  Scotchman,  and  ve- 
rily believes  him  an  honest  man.  I  speak  to  facts,  with 
nvhich  all  of  us  are  conversant.  I  speak  to  men,  and  to 
their  experience ;  and  will  not  descend  to  answer  the 
little  sneering  sophistries  of  a  collegian.  Distinguished 
talents  are  not  necessarily  connected  with  discretion.  If 
there  be  any  tiling  rcniarki.ble  in  the  character  of  Mr. 
Home,  it  is,  that  extreme  want  of  judgment  should  be 
rraited  with  his  very  moderate  capacity.     Yet  1  have  not 


forgotten  the  acknowledgement  I  made  him.  He  oWes  it 
to  my  bounty  ;  and,  though  his  letter  has  lowered  him  in 
my  opinion,  I  scorn  to  retract  the  charitable  donation. 

I  said  it  would  be  very  difficult  for  Mr.  Home  to  write 
directly  in  defence  of  a  ministerial  measure,  and  not  to 
be  detected;  and  even  that  difficulty  I  confined  to  his 
particular  situation.  He  changes  the  terms  of  the  pro- 
position, and  supposes  me  to  assert,  that  it  would  be  im- 
possible for  any  man  to  w  rite  for  the  newspapers  and  not  be 
discovered. 

He  repeatedly  affirms,  or  intimates  at  least,  that  he 
knows  tlie  author  of  these  letters.  With  what  colour  of 
truth,  then,  can  he  pretend  "  that  I  am^  no  where  to  be 
"  encountered  but  in  a  newspaper  ?"  I  shall  leave  him  td 
his  suspicions.  It  is  not  necessary  that  I  should  confide 
in  the  honour  or  discretion  of  a  man  who  already  seems 
to  hate  me  with  as  much  rancour  as  if  I  had  formerly 
been  his  friend.  But  he  asserts  that  he  has  traced  me 
through  a  variety  of  signatures.  To  make  the  discovery 
of  any  importance  to  his  purpose,  he  should  have  proved, 
either  that  the  fictitious  character  of  Junius  has  not  been 
consistently  supported,  or  that  the  author  has  maintained 
different  principles  under  different  signatures.  I  cannot 
recal  to  my  memory  the  numberless  trifles  I  have  writ- 
ten ; — ^but  1  rely  upon  the  consciousness  of  my  own  inte- 
grity, and  defy  him  to  fix  any  colourable  charge  of  incon- 
sistency upon  me. 

I  am  not  bound  to  assign  the  secret  motives  of  his  ap- 
parent hatred  of  Mr.  Wilkes:  nor  does  it  follow  that  I 
may  not  judge  fairly  of  his  conduct,  though  it  were  true 
"  that  I  had  no  conduct  of  my  own.''  Mr.  Home  en- 
larges with  rapture  upon  the  importance  of  his  services; 
the  dreadful  battles  which  he  might  have  been  engaged 
in,  and  the  dangers  he  has»  escaped.  In  support  of  the 
formidable  description,  he  quotes  verses  witiiout  mercy. 
The  gentleman  deals  in  fiction,  and  naturally  appeals  to 
the  evidence  of  the  poets.  Taking  him  at  his  word,  l>e 
cannot  but  admit  the  superiority  of  Mr.  Wilkes  in  this 
line  of  service.  On  one  side,  we  see  nothing  but  ima- 
ginary distresses;  on  the  other,  we  see  real  prosecutions, 
real  penalties,  real  imprisonment,  life  repeatedly  hazard- 
ed, and,  at   one  mom^jnt,  almost  the  certainty  of  death-. 


224, 

Thanks  are  undoubtedly  due  to  every  man  who  docs  his 
duty  in  the  engagement ;  but  it  is  the  wounded  soldier  who 
deserves  the  reward. 

I  did  not  mean  to  deny  that  Mr.  Home  had  been  an 
active  partizan.  It  would  defeat  my  own  purpose  not  to 
allow  him  a  degree  of  merit,  which  aggravates  his  guilt. 
The  very  charge  "  of  contributing  his  utmost  efforts  to 
*'  support  a  ministerial  measure,"  implies  an  acknowledg- 
ment of  his  former  services.  If  he  had  not  at  once  been 
distinguished  by  his  apparent  zeal  in  defence  of  the  com- 
mon cause,  he  could  not  now  be  distinguished  by  desert- 
ing it.  As  for  myself,  it  is  no  longer  a  question,  "  whe- 
"  ther  I  shall  mix  with  the  throng,  and  take  a  single 
"share  in  the  danger?"  Whenever  Junius  appears,  he 
must  encounter  an  host  of  enemies. — But  is  there  no  ho- 
nourable way  to  serve  the  public,  without  engaging  in 
personal  quarrels  with  insignificant  individuals,  or  submit- 
ting to  the  drugery  of  canvassing  votes  for  an  election  ?  Is 
there  no  merit  in  dedicating  my  life  to  the  information  of 
Biy  fellow-subjects  ?  What  public  question  have  I  declined?" 
V/hat  villain  have  I  spared  ?  Is  there  no  labour  in  the  com-- 
position  of  these  letters?  Mr.  Home,  I  fear,  is  partial  to 
me,  and  measures  the  facility  of  my  writings  by  the  fluency 
of  his  own. 

He  talks  to  us  in  high  terms  of  the  gallant  feats  he 
would  have  performed  if  he  had  lived  in  the  last  century. 
The  unhappy  Charles  could  hardly  have  escaped  him> 
But  living  princes  have  a  claim  to  his  attachment  and  re- 
spect. Upon  these  terms,  there  is  no  danger  in  being  a 
patriot.  If  he  means  any  thing  more  than  a  pompous 
rhapsody,  let  us  try  how  wefl  his  argument  holds  toge- 
ther. I  presume  he  is  not  yet  so  much  a  courtier  as  to 
afftrm  that  the  constitution  has  not  been  grossly  and  da- 
ringly violated  under  the  present  reign.  He  wiii  not  say, 
that  the  laws  have  not  been  shamefully  broken  or  per- 
verted;  that  the  rights  of  the  s-ubjcct  have  not  been  in- 
vaded; or  that  redress  has  not  been  repeatedly  soHcited 
and  refused.  Grievances  like  these  were  the  foundation 
of  the  rebellion  in  the  last  century  ;  and,  if  I  understand 
Mr.  Home,  they  would,  at  that  period,  have  justilied  iiiin 
to  his  own  n^ind  in  deliberately  attacking  tiie  life  of  h.*L 
sovereign,     i  shall  not  ask  him  ;o  what  poUdcd  constilv 


225 

tioB  this  doctrine  can  be  reconciled.  But  at  least  it  15 
incumbent  upon  him  to  show,  that  the  present  King  has 
better  excuses  than  Charles  the  First  for  the  errors  of  his 
government.  He  ought  to  demonstrate  to  us,  that  the 
constitution  was  better  understood  a  hundred  years  ago 
than  it  is  at  present ;  that  the  legal  rights  of  the  subject, 
and  the  limits  of  the  prerogative,  were  more  accurately- 
defined  and  more  clearly  comprehended.  If  propositions 
like  these  cannot  be  fairly  maintained,  I  do  not  see  how  he 
ean  reconcile  it  to  his  conscience,  not  to  act  immediately 
with  the  same  freedom  with  which  he  speaks.  I  reverence 
the  character  of  Charles  the  First  as  little  as  Mr.  Home ; 
but  I  will  not  insult  his  misfortunes  by  a  comparison  tha^ 
would  degrade  him. 

It  is  worth  observing,  by  what  gentle  degrees  the  furi- 
ous, persecuting  zeal  of  Mr.  Home  has  softened  into  mo- 
deration. Men  and  measures  were  yesterday  his  objects. 
What  pains  did  he  once  take  to  bring  that  great  state- 
criminal  Macquirk  to  execution !— To-day,  he  confines 
himself  to  measures  only. — No  penal  example  is  to  be  left 
to  the  successors  of  the  Duke  of  Grafton. — To-morrow> 
I  presume,  both  men  and  measures  will  be  forgiven.  The 
flaming  patriot,  who  so  lately  scorched  us  in  the  meridian, 
sinks  temperately  to  the  west,  and  is  hardly  felt  as  he  de- 
scends. 

I  comprehend  the  policy  of  endeavouring  to  commu- 
nicate to  Mr.  Oliver  and  Mr.  Sawbridge  a  share  in  the 
reproaches,  with  which  he  supposes  me  to  have  loaded 
him.  My  memory  fails  me,  if  I  have  mentioned  their 
names  with  disrespect ;  unless  it  be  reproachful  to  acknow- 
ledge a  sincere  respect  for  the  character  of  Mr.  Sawbridge^ 
and  not  to  have  questioned  the  innocence  of  Mr.  Oliver's 
intentions. 

It  seems  I  am  a  partizan  of  the  great  leader  of  the  op- 
position. If  the  charge  had  been  a  reproach,  it  should 
have  been  better  supported.  I  did  not  intend  to  make  a 
public  declaration  of  the  respect  I  bear  Lord  Chatham. 
I  well  knew  what  unworthy  conclusions  would  be  drawn 
from  it.  But  I  am  called  upon  to  deliver  my  opinion  ; 
and  surely  it  is  not  in  the  little  censure  of  Mr.  Home  tp 
deter  me  from  doing  signal  justice  to  a  man,  who,  I  con- 
fess, has  grown  upon  my  esteem.     As  for  the  common^ 


226 

sordid  views  of  avarice,  or  any  purpose  of  vulgar  ambi- 
tion, I  question  whether  the  applause  of  Junius  v/ould 
be  of  service  to  Lord  Chatham.  My  vote  will  hardly  re- 
commend him  to  an  increase  of  his  pension,  or  to  a  seat 
in  the  cabinet.  But  if  his  ambition  be  upon  a  level  with 
his  understanding;  if  he  judges  of  what  is  truly  honour- 
able for  himself,  with  the  same  superior  genius  which  ani- 
mates and  ^directs  him  to  eloquence  in  debate,  to  wisdom 
in  decision,  even  the  pen  of  Junius  shall  contribute  to  re« 
ward  him.  Recorded  honours  shall  gather  round  his  mo- 
nument, and  thicken  over  him.  It  is  a  solid  fabric,  and 
will  suppport  the  laurels  that  adorn  it.  1  am  not  conver- 
sant in  the  langage  of  panegyric.  These  praises  are  ex- 
torted from  me  ;  but  they  will  wear  well,  for  they  have  been 
dearly  earned. 

My  detestation  of  the  Duke  of  Grafton  is  not  founded 
upon  his  treachery  to  any  individual :  though  I  am  wil- 
ling enough  to  suppose,  that,  in  public  ail  airs,  it  would  be 
impossible  to  desert  or  betray  Lord  Chatham,  without, 
doing  an  essential  injury  to  this  country.  My  abhorrence 
of  the  Duke  arises  from  an  intimate  knowledge  of  his  cha- 
racter; and,  from  a  thorough  convit:tion  that  his  baseness 
has  been  the  cause  of  greater  mischief  to  England,  than 
♦*ven  the  unfortunate  ambition  of  Lord  Bute. 

The  shortening  the  duration  of  parliaments  is  a  subject- 
on  which  Mr.  Home  cannot  enlarge  too  v/armly ;  nor 
•will  I  question  his  sincerity.  If  I  did  not  profess  the  same 
sentiments,  I  should  be  shamefully  inconsistent  with  my- 
:,elf.  It  is  unnecessary  to  bind  Lord  Chatham  by  the 
written  formality  of  an  engagement.  He  has  publicly 
declared  himself  a  convert  to  triennial  parliaments ;  and 
though  I  have  long  been  convinced  that  this  is  the  only 
possible  resource  we  have  left  to  preserve  the  substantial 
freedom  of  the  constitution,  I  do  not  think  we  have  a  right 
to  determine  against  the  integrity  of  Lord  Rockingham  or 
his  friends.  Other  measures  may  undoubtedly  be  supported 
in  argument,  as  better  adapted  to  the  disorder,  or  more  likely 
to  be  obtained. 

Mr.  Home  is  well  assured,  that  I  never  was  the  cham- 
pion of  Mr.  Wilkes.  But  though  I  am  not  obliged  to 
answer  for  the  firmness  of  his  future  adherence  to  the 
principles  he  professes,  I  have  no  reason  to  presume  tha^ 


237 

he  will  hereafter  disgrace  them.  A^  for  all  those  imagi- 
nary cases  vvhich  Jlr.  Home  so  petulantly  urges  against 
me,  I  have  one  plain,  honest  answer  to  make  to  him. 
Whenever  Mr.  Wilkes  shall  be  convicted  of  soliciting  a 
pension,  an  embassy,  or  a  government,  he  must  depait 
from  that  situation,  and  renounce  that  character  which 
he  assumes  at  present,  and  which,  in  my  opinion,  entitle 
him  to  the  support  of  the  public.  By  the  same  act,  and 
at  the  same  moment,  he  will  forfeit  his  power  of  morti- 
fying the  King ;  and,  though  he  can  never  be  a  favourite 
at  St.  James's,  his  baseness  may  administer  a  solid  satis- 
faction to  the  royal  mind.  The  man  I  speak  of  has  not 
4\  heart  to  feel  for  the  frailties  of  his  fellow-creatures.  It 
is  their  virtues  that  afflict,  it  is  their  vices  that  console  him. 
I  give  every  possible  advaiUage  to  Mr.  Home,  when  I 
take  the  facts  he  refers  to  for  granted.  That  they  are  the 
produce  of  his  invention,  seems  highly  probable  ;  that  they 
are  exaggerated,  I  have  no  doubt.  At  the  worst,  what  do 
they  amount  to,  but  that  Mr.  Wilkes,  who  never  was 
thought  of  as  a  perfect  pattern  of  morality,  has  not  been 
at  all  times  proof  against  the  extremity  of  distress.  How 
shameful  is  it,  in  a  man  who  has  lived  in  friendship  with 
him,  to  reproach  him  with  failings  too  naturally  connect- 
ed with  despair !  Is  no  allowance  to  be  made  for  banish- 
ment and  ruin?  Does  a  two  years  imprisonment  make  no 
atonement  for  his  crimes  ? — The  resentment  of  a  priest  is 
implacable.  No  sufferings  can  soften,  no  penitence  can 
appease  him. — Yet  he  himself,  I  think,  upon  his  own  sys- 
tem, has  a  multitude  of  political  offences  to  atone  for.  I 
will  not  insist  upon  the  nauseous  detail  with  which  he  has  so 
long  disgusted  the  public.  He  seems  to  be  ashamed  of  it. 
But  what  excuse  will  he  make  to  the  friends  of  the  consti- 
tution for  hibouring  to  promote  this  consummately  bad  man 
to  a  station  of  the  highest  national  trust  and  importance  ? 
Upon  what  honourable  motives  did  he  recommend  him  to 
the  livery  of  London  for  their  representative  ; — to  the 
ward  of  Faringdon  for  their  alderman  ; — to  the  county  of 
Middlesex  for  their  knight?  Will  he  affirm,  that,  at  that 
time,  he  was  ignorant  of  Mr.  Wilkes's  solicitations  to  the 
ministry  ?~That  he  should  say  so,  is  indeed  very  necessaiy 
for  his  own  jusiilication  ;  but  where  will  he  fmd  credulity 
to  believe  him  ? 


22:8 

In  what  school  this  gentleman  learned  his  ethics  I  know 
not.  His  logic  seems  to  have  been  studied  under  Mr. 
Dyson.  That  miserable  pamphleteer,  by  dividing  the  only 
precedent  in  point,  and  taking  as  much  of  it  as  suited  his 
purpose,  had  reduced  his  argument  upon  the  Middlesex 
election  to  something  like  the  shape  of  a  syllogism.  Mr. 
Home  has  conducted  himself  with  the  same  ingenuity  and 
candour.  I  had  affirmed,  that  Mr.  Wilkes  would  pre- 
serve the  public  favour  "  as  long  as  he  stood  forth  against 
^*  a  ministry  and  parliament,  who  were  doing  every  thing 
''•  they  could  to  enslave  the  country,  and  as  long  as  he 
^^  was  a  thorn  in  the  King's  side.*'  Yet,  from  the  exult- 
ing triumph  of  Mr.  Home's  reply,  one  would  think  that 
I  had  rested  my  expectation,  that  Mr.  Wilkes  would  be 
supported  by  the  pbulic  upon  the  single  condition  of  his 
mortifying  the  King.  This  may  be  logic  at  Cambrige,  or 
at  the  Treasury ;  but  among  men  of  sense  and  honour,  it 
is  folly  or  villany  in  the  extreme. 

I  see  the  pitiful  advantage  he  has  taken  of  a  single  un- 
guarded expression,  in  a  letter  not  intended  for  the  public. 
Yet  it  is  only  the  expression,  that  is  unguarded.  I  adhere 
to  the  true  meaning  of  that  member  of  the  sentence,  taken 
separately  as  he  takes  it ;  and  now,  upon  the  coolest  deli- 
beration, re-assert,  that,  for  the  purposes  I  referred  to,  it 
may  be  highly  meritorious  to  the  public,  to  wound  the 
personal  feelings  of  the  sovereign.  It  is  not  a  general  pro- 
position, nor  is  it  generally  applied  to  the  chief  magistrate 
of  this  or  any  other  constitution.  Mr.  Home  knows  as 
well  as  I  do,  that  the  best  of  princes  is  not  displeased  with 
the  abuse  which  he  sees  thrown  upon  his  ostensible  mini- 
sters. It  makes  them,  I  presume,  more  properly  the  ob- 
jects of  his  royal  compassion  ; — neither  docs  it  escape  his 
sagacity,  that  the  lower  they  are  degraded  in  the  public 
esteem,  the  more  submissively  they  must  depqnd  upon  his 
favour  for  protection.  This  I  afhrm,  upon  the  most  solemn 
conviction,  and  the  most  certain  knowledge,  is  a  leading 
maxim  in  the  policy  of  the  closet.  It  is  unnecessary  to 
pursue  the  argument  any  farther. 

Mr.  Home  is  now  a  \ery  loyal  subject.  He  laments 
the  wretched  state  of  politics  in  this  country  ;  and  sees,  in 
a  new  light,  the  weakness  and  folly  of  the  opposition, 
*'  W^hoever,  or  whatever,   is  sovereign,   demands  the  i\- 


'^  spcct  and  support  of  the  people^;*'  it  was  not  so  "  when 
*-  Nero  fiddled  while  Rome  was  burning."  Our  gracious 
sovereign  has  had  wonderful  success  in  creating  new  at- 
tachments to  his  person  and  family.  He  owes  it,  1  pre- 
sume, to  the  regular  system  he  has  pursued  in  the  mystery 
of  conversion.  He  began  with  an  experiment  upon  the 
Scotch  ;  and  concludes  with  converting  Mr.  Home. —  What 
a  pity  it  is,  that  the  Jews  should  be  condemned  by  Provi- 
dence to  wait  for  a  Messiah  of  their  own  ? 

The  priesthood  are  accused  of  misinterpreting  the  scrip- 
tures. Mr.  Home  has  improved  upon  his  profession.  He 
alters  the  text,  and  creates  a  refutable  doctrine  of  his  own. 
Such  artifices  cannot  long  delude  the  understanding  of 
the  people ;  and,  without  meaning  an  indecent  compari- 
son, I  may  venture  to  foretel,  that  the  iiible  aud  Junius 
will  be  read,  when  the  commentaries  of  the  Jesuits  arc 
forgotten. 

Juxius. 


LETTER   LV. 


TO    THE    PRINTER     CF    THE    PUBLIC    ADVERTISER. 

SIR,  Aug.  26.  irn. 

The  enemies  of  the  people,  having  now  nothing 
better  to  object  to  my  friend  Junius,  are  at  last  obfiged  to 
quit  his  politics,  and  to  rail  at  him  for  crimes  he  is  not 
guilty  of.  His  vanity  and  impiety  are  now  the  perpetual 
topics  of  their  abuse.  I  do  not  mean  to  lesson  the  force 
of  such  charges  (supposing  they  were  true)  ;  but  to  show 
that  they  are  not  founded.  If  I'  admitted  the  premises,  I 
should  readily  agree  in  all  the  consequences  drawn  from, 
them.  Vanity  indeed  is  a  venial  error  ;  for  it  usually  car- 
ries its  own  punishment  with  itr: — but  if  I  thought  Junius 
capable  of  uttering  a  disrespectful  word  of  the  religion  of 
his  country,  I  should  be  the  first  to  renounce  and  give  him 
up  to  the  public  contempt  and  indignation.  As  a  man, 
I  am  satisfied  that  he  is  a  Christian  vipon  the  most  sincere 
conviction  :  as  a  writer,  he  would  be  grossly  inconsistent 
with  his  political  principles,  if  he  dared  to  attack  a  religion 
rstahlished  by  those  laws  which  it  seems  to  be  the  purpcse 
•  ^  his  life  to  defcnd.--Now  for  the  proofs. — Junius  is  .  c- 

s 


€used  of  lin  impious  allusion  to  the  holy  sacrament ,  wheip^i 
lie  says,  that  '^  if  Lord  Weymouth  be  denied  the  cup. 
*'  there  vrill  be  no  keeping  him  within  the  pale  of  th- 
*•  ministry."  Now,  Sir,  I  affirm,  that  this  passage  refer- 
entirely  to  a  ceremonial  in  the  Roman  Catholic  church, 
^vhich  denies  the  cup  to  the  laity.  It  has  no  manner  of 
relation  to  the  Protestant  creed  ;  and  is  in  this  country  as 
fair  an  object  of  ridicule  as  transubstantiation,  or  any  other 
part  of  Lord  Peter's  history  in  the  Tale  of  a  1  ub. 

But  Junius  is  charged  with  equal  vanity  and  impiety,  in 
comparing  his  writings  to  the  holy  scripture. — The  formal 
otest  he  makes  against  any  such  comparison  avails  him 
/ihing.      It  becomes  necessary,   then,  to  show,   that  the 
charge  destroys  itself. — If  he  be  vain,  he  cannot  be  impi- 
ous.    A  vain  man  does  not  usually  compare  himself  to  an 
object  which  it  is  his  design  to  undervalue.     On  the  other 
'  ond,  if  he  be  impious,  he  cannot  be  vain ;  for  his  impiety, 
any,   must  consist  in  his  endeavouiing  to  degrade  the 
holy  scriptures  by  a  comparison  with  his  own  contemptible 
writings.      This  would  be  folly  indeed  of  the  grossest  na- 
ture ;    but  where  lies  the  vanity? — I  shall  now  be  told, — 
^'  Sir,  what  you  say  is  plausible  enough  ;  but  still  you  must 
•  allow  that  it    is  shamefully   impudent  in  Junius  to  tell 
^^  us  that  his  works  will  live  as  long  as  the  Bible.'     My 
answer  is,  "  Agreed  ;  but  first  prove  that  he  has  said  so."" 
-ok  at  his  v/ords,  and  you  will  find,  'that  the  utmost  he 
;pectsis,  that  the  Bible  and  Junius  will  survive  the  coir.» 
'  ntaries  of   the  Jesuits;    v  way    prove    true  in  u 

..r'Jiight.     The  most  maligii.,.!  .    ..;::v:ity  cannot  sliovv  tha^ 
b.is  works  are,  in  his  opinion,  to  live  as  long  as  the  Bible 
--.'--    ';;05e  I  were  to  ibretel,  tliat  Jack  and  Tom  would  sur« 
;-rry — does  it  iollow  that  Jack  must  live  as  long  as 
i'omi    1  would  only    iilv!Siratc    my  ;;.:      '-•    ■ 
against  the  least  idea  of  piofancncss. 

Yet  this  is  the  way  in  wliich  Junius  is  usually  answered, 
/rLdri:i:ed,    and  convicted.       'I'hese  candid  critics  never  re- 
member any  thing  he  says  in  hoijom^  of  our  holy  religion  ; 
-■'>.— -h   it  is  true,    that   one  of    his   leading  arguments  i- 
■0  rest  "    upon    the    inrerTial    evidence   which    liiv- 
'■■  purest  of    all    religions    carries    with    it.'*^    I  quote  hi;^ 
words;     and    conclude  from  them,  that  he   is  a  true   anc; 
,-nv  Christian,  in   -   '  "o,    in  cerem^  '  ^      '' ■ 


possibly  he  may  not  agree  with  my  reverend  lorcls  ihe 
bishops,  or  with  the  head  of  the  church,  "  that  prayers  arc 
**  morality  ;  or  that  kneeing  is  religion." 

PiiiLo  Junius. 


FROM    THi;    REVEREND    MR.     HORNli     TO    JUNIUS, 

LETTER  LVL 

SIR,  Aug.  17.  1771. 
I  c  ON  Gil  AT 'JL  ATE  yoii,  Sir,  on  the  recovery  of 
your  wonted  style,  though  it  has  cost  you  a  fortnight.  I 
compassionate  your  labour  in  the  composition  of  your  let- 
ters, and  will  communicate  to  you  the  secret  of  my  flu- 
ency.  Truth  needs  no  ornament ;  and,  in  my  opinion, 

what  she  borrows  9f  the  pencil  is  deformity. 

You  brought  a  positive  charge  against  me  of  con  up- 
tion.  I  denied  the  charge,  .and  called  for  your  proofs. 
You  replied  with  abuse,  and  re-asserted  your  charge.  1, 
called  again  for  proofs.  Vou  reply  agahi  with  abuse  only, 
and  drop  your  accusation.  In  your  fortnight's  letter  thcro 
is  not  one  word  upon  the  subject  of  my  corruption. 

I  have  no  more  to  say,  but  to  return  thanks  to  you  {bv 
your  condescension,  and  to  a  grateful  public  and  honest 
ministry  for  all  the  favours  they  have  conferred  upon  me. 
The  two  latter,  I  am  sure,  will  never  refuse  me  any  grace 
I  shall  solicit;  and  since  you  have  pleased  to  acknowledge 
that  you  told  a  deliberate  lie  in  my  favour  out  of  bounty, 
and  as  a  charitable  donation,  v/hy  may  I  not  expect  that 
you  v/ill  hereafter  (if  you  do  not  forget  you  ever  mention- 
ed my  name  with  disrespect)  make  the  same  acknowledg- 
ment for  what  you  have  said  to  my  prejudice  ? — This  se-- 
cond  recantation  will  perhaps  be  m.ore  abhorent  from 
your  disposition ;  but  should  you  decline  it,  you  will  only 
.  aiTord  one  more  instance  how  much  easier  it  is  to  be  gene- 
rous than  just,  and  that  men  arc  sometimes  bountiful  who 
arc  not  honest. 

At  all  events,  I  am  as  well  satisfied  with  your  panegyric 
as  Lord  Chatham  can  be-  Monument  I  shall  have  none  ; 
but  over  my  grave  it  will  be  said,  in  your  own  v/ordsi 
"  Home's  situation  did  not  correspond  with  his  inten- 
"^^  tions^.'*' 

John  liCJixi-: 


■r, 


232 


LETTER  LVir. 

TO  RIS  GRACE  THE  DUKE  OF  GRAFTON, 

MY  LORD,  -  Sept  28.  mi- 

The  people  of  England  are  not  apprised  of  the 

11  extent  of  their  obligations  to  you.  They  have  yet 
adequate  idea  of  the  endless  variety  of  your  character. 
Uiey  have  seen  you  distinguished  and  successtul  in  the 
continued  violation  of  those  moral  and  political  duties  by 
which  the  little  as  well  as  the  great  societies  of  life  are 
<:onnected  and  held  together.  Every  colour,  every  charac- 
ter became  you.  VV^ith  a  rate  of  abilities,  which  Lord 
*Weyrnouth  very  'justly  looks  dov/n  upon  with  contempt, 
you  have  done  as  much  mischief  to  the  community  as 
Cromwell  would  have  done,  if  Cromwell  had  been  a 
coward ;  and  as  much  as  Machiavel,  if  Machiavel  had 
not  knov/n  that  an  appearance  of  morals  and  religion  are 
useful  in  society. — To  a  thinking  man,  the  influence  of 
the  crown  will,  in  no  view,  appear  so  formidable,  as 
when  he  observes  to  what  enormous  excesses  it  has  safely 
conducted  your  Grace,  without  a  ray  of  real  understand- 
ing, without  even  the  pretensions  to  common  decency  or 
principle  of  any  kind,  or  a  single  spark  of  personal  resolu- 
tion. What  must  be  the  operation  of  that  pernicious  in^** 
iluence  (for  which  our  kings  have  wisely  exchanged  the 
nugatory  name  of  prerogative),  that,  in  the  highest  sta- 
tions, can  so  abundantly  supply  the  absence  of  virtue,  cou- 
rage, and  abilities,  and  qualify  a  man  to  be  the  minister 
of  a   great  nation,   whom  a  private   gentleman  would  be 

named  and  afraid  to  admit  into  his  family  I  Like  the 
vtxaiversal  passport  of  an  ambassador,  it  supersedes  the  pro- 
hibition of  the  laws,  banishes  the  staple  virtues  of  the 
country,  and  introduces  vice  and  folly  triumphantly  into 
ail  the  departments  of  the  state.  Other  princes,  besides 
his  Majesty,  have  had  the  means  of  corruption  within 
their  reach;  but  they  have  used  it  with  moderation.  In 
former  times,  corruption  was  considered  as  a  foreign  auxi- 
liary to  government,  and  only  called  in  upon  extraordi- 
nary emergencies.  The  unfeigned  pieiy,  the  sanctified  . 
religion,  of  George  the  Third,  have  taught  him  to  new- 
model  the  civil  forces  of  the  state.     The  natural  resources 


of  the  crown  arc  no  longer  confiJcd  in.  Corruption 
glitters  in  the  van ; — collects  and  maintains  a  standing 
arniy  of  mercenaries,  and  at  the  same  moment  impove- 
rishes and  enslaves  the  country. — His  IMajesty's  predeces- 
sors (excepting  that  worthy  family  from  which  you,  my 
Lord,  are  unquestionably  descended)  had  some  generous 
qualities  in  their  composition,  with  vices,  I  confess,  or 
frailties,  in  abundance.  They  were  kings  or  gentlemen^ 
not  hypocrites  or  priests.  They  were  at  the  head  of  tl'.e 
church,  but  dkl  not  know  the  value  of  their  office.  They 
said  their  prayers  without  ceremony  ;  and  had  too  little 
priestcraft  in  their  understanding,  to  reconcile  the  sancti- 
monious forms  of  religion  with  the  utter  destruction  of 
the   morality  of  their  people. — My  Lord,  this  is  fact,  not 

declamation With  all  your  partiality  to  the   house  of 

Stuart,  you  must  confess,  that  even  Charles  the  Second 
would  have  blushed  at  that  open  encouragement,  at  thosc^ 
eager  meretricious  caresses  with  which  every  species  of 
private  vice  and  public  prostitution  is  received  at  St, 
James's. — The  unfortunate  house  of  Stuart  has  been  treat- 
ed with  an  asperity,  which,  if  comparison  be  a  defence, 
seems  to  border  upon  injuslice.  Neither  Charles  nor  his 
brother  were  qualified  to  support  such  a  system  of  mea- 
sures, as  would  be  necessary  to  change  the  government  and 
subvert  the  constitution  of  England. — One  of  thepn  was  too 
much  in  earnest  in  his  pleasures — the  other  in  his  religion. 
But  the  danger  to  this  country  would  cease  to  be  proble- 
matical, if  the  crown  should  ever  descend  to  a  prince, 
whose  apparent  simplicity  might  throw  his  subjects  oil' 
their  guard, — who  might  be  no  libertine  in  behaviour,—- 
who  should  have  no  sense  of  honour  to  restrain  him, — and 
who,  with  just  religion  enough  to  impose  upon  the  mul- 
titude, might  have  no  scruples  of  conscience  to  interfere^, 
with  his  morality.  With  these  honourable  qualifications, 
and  the  decisive  advantage  of  situation,  low  craft  and  false- 
hood are  all  the  abilities  that  are  wanting  to  destroy  tlic 
>visdom  of  ages,  and  to  deface  the  noblest  monument  tliat 
liuman  policy  has  erected.  I  know  such  a  man ; — My 
Lord,  I  knov/  you  both;  and  with  the  blessing  of  God 
(for  I  too  am  religious),  the  people  of  England  shall  know 
you  as  well  as  1  do.  I  am  not  very  sure  that  greater  abi- 
Uties  y/ould  not  in  effect  be  an  impediment  to  a  deirv-n 

s  2 


23± 

\vliich  seems  at  first  sight  to  require  a  superior  capacity. 
A  better  understanding  might  make  him  sensible  of  the 
wonderful  beauty  of  that  system  he  was  endeavouring  to 
corrupt.  The  danger  of  the  attempt  might  alarm  him. 
The  meanness  and  intrinsic  worthlessness  of  the  object 
(supposing  he  could  attain  it),  would  fill  him  with  shame, 
repentance,  and  disgust.  But  these  are  sensations  which 
find  no  entrance  into  a  barbarous  contracted  heart.  In 
some  men,  there  is  a  malignant  passion  to  destroy  the 
works  of  genius,  literature,  and  freedom.  The  Vandal 
and  the  Monk  find  equal  gratification  in  it. 

Reflections  like  these,  my  Lord,  have  a  general  relation 
to  your  grace,  and  inseparably  attend  you  in  whatever 
company  or  situation  your  character  occurs  to  us.  They 
have  no  immediate  connection  with  the  following  recent 
fiict,  which  I  lay  before  the  public,  for  the  honour  of  the 
best  of  sovereigns,  and  for  the  edification  of  his  people. 

A  prince  (whose  piety  and  self-denial,  one  would  think, 
might  secure   him  from  such  a  multitude  of  Vv^orldly  ne- 
cessities), With   an   annual  revenue  of  near  a  million  Ster- 
ling, unfortunately  wants  money. — The  navy  of  England, 
by  an  equally  strange   concurrence  of  unforeseen   circum- 
stances  (tliou gh    not   quite    so   unfortunate   for    his  Ma- 
(csty),  is  in  equal  want  of  timber.       The  world  knows  in 
what  a  hopeful  condition  you  delivered  the  navy   to   your 
buecessor,   and  in   what   condition  we  found  it  in  the  mo- 
ment of  distress.     You  were  determined  it  should  continue 
in  the  situation  in  which   you   left  it.     It  happened,  ho\v- 
ever,  very    luckily  for  the  privy-purse,    tliat  one   of  the 
above  wants  promised  fair  to  supply  the    other.     Our  reli- 
gious, benevolent,  generous  sovereign,  has  no  objection  to 
selling  his  own  timber  to  his  own  admiralty  to  repair  his 
ow^n  ships,  nor  to  putting  the  money  into  his  own  pocket. 
People  of  a  religious  turn  naturally  adhere  to  the  principles  , 
of  the  church.       Whatever  they   acquire  falls  into  mort- 
main.— Upon  a   representation  from  the  admaralty  of  the 
extraordinary  want  of  timber  for  the  indispensable  repairs 
of  the  navy,  the   surveyor-general  was  directed  to  make  a 
survey  of  the   timber  in  all  the  royal  chases  and   forests  in 
England.      Having  obeyed   his   orders  with  accuracy  and 
ittention,  he  reported,  that  the   finest  timber   he  had  any- 
<)ere  m.;twltJ,    and  the    pi'opercst    in   every  respect  for 


the  purposes  of  the  navy,  was  in  Whittlebury  Forest,  of 
which  your  Grace,  I  think,  is  hereditary  ranger.  In  con- 
sequence of  this  report,  the  usual  warrant  was  prepared  at 
the  treasury,  and  delivered  to  the  surveyor,  by  which  he 
or  his  deputy  were  authorised  to  cut  down  any  trees  in 
Whittlebury  Forest,  which  should  appear  to  be  proper  for 
the  purposes  above  mentioned.  The  deputy,  being  in- 
formed that  the  warrant  was  signed  and  delivered  to  his 
principal  in  London,  crosses  the  country  to  Northampton- 
shire, and,  with  an  ofhcious  zeal  for  the  public  service,  be- 
gins to  do  his  duty  in  the  forest.  Unfortunately  for  him, 
he  had  not  the  warrant  in  his  pocket.  The  oversight  was 
enormous  ;  and  you  have  punished  him  for  it  according- 
ly. You  have  insisted,  that  an  active,  useful  officer  should 
be  dismissed  from  his  place.  You  have  ruined  an  inno- 
cent man  and  his  family. — In  what  language  shall  1  ad- 
dress so  black,  so  cowardly,  a  tyrant ;-— thou  worse  than 
one  of  the  Brunswicks,  and  all  the  Stuarts  ! — To  them  ■ 
who  know  Lord  North,  it  is  unnecessary  to  say,  that  he 
v/as  mean  and  base  enough  to  submit  to  you. — This,  how- 
ever, is  but  a  small  part  of  the  fact.  After  ruining  the 
surveyor's  deputy  for  acting  without  the  warrant,  you  at- 
tacked the  warrant  itself  You  declared  that  it  was  ille- 
gal;  and  swore,  in  a  fit  of  foaming  frantic  passion,  that  it 
never  should  be  .executed.  You  asserted  upon  your  ho- 
nour, that  in  the  grant  of  the  rangership  of  Whittle- 
bury Forest,  made  by  Charles  the  Second  (whom,  with  a 
modesty  that  would  do  honour  to  Mr.  Rigby  you  are 
pleased  to  call  your  ancestor),  to  one  of  his  bastards 
(from  whom  I  make  no  doubt  of  your  descent),  the  pro- 
perty of  the  timber  is  vested  in  the  ranger. — I  have  exa- 
mined the  original  grant  ;  and  now,  in  the  face  of  the 
public,  contradict  you  directly  upon  the  fact.  The  very 
reverse  of  what  you  have  asserted  upon  your  honour  is  the 
truth.  The  grant,  "  expressly,  and  by  a  particular  clause," 
reserves  the  property  of  the  timber  for  the  use  of  the 
crown.: — In  spite  of  this  evidence,  in  defiance  of  the  re- 
presentations of  the  admiralty, — in  perfect  mockery  of  the 
notorious  distresses  of  the  English  navy,  and  those  equal- 
ly pressing  and  almost  equally  notorious  necessities  of  yousr-. 
pious  sovereign, — here  the  matter  rests.  The  lords  of  the 
reasury  rccal  their  warrant  \  the  deputy-surveyor  is  ruin- 


ed  for  doing  his  duty; — Mr.  John  Pitt  (whose  name  I 
suppose  is  offensive  to  you)  submits  to  be  brow-beaten  and 
insulted; — the  oaks  keep  their  ground; — the  king  is  de- 
frauded, and  the  navy  of  England  may  perish  for  want  of 
the  best  and  finest  timber  in  the  island.  And  all  this  is 
submitted  to — to  applease  the  Duke  of  Grafton! — to  gra- 
tify the  man  who  has  involved  the  king  and  his  kingdom 
in  confusion  and  distress,  and  who,  like  a  treacherous 
coward,  deserted  his  sovereign  in  the  midst  of  it  ! 

There  has  been  a  strange  alteration  in  your  doctrines^ 
since  you  thought  it  advisable  to  rob  the  Duke  of  Port- 
land of  his  property,  in  order  to  strengthen  the  interest 
of  Lord  Bute's  son-in-lav/ before  the  last  genesal  election. 
jYulluin  tempus  occur rit  regi^  was  then  your  boasted  motto, 
the  cry  of  all  your  hungry  partizans.  Now,  it  seems,  a 
grant  of  Charles  the  Second  to  one  of  his  bastards  is  to 
be  held  sacred  and  inviolable!  It  must  not  be  questioned 
by  the  King's  servants,  nor  submitted  to  any  interpretation 
but  your  own.— My  Lord,  this  was  not  the  language  you 
held,  when  it  suited  you  to  insult  the  memory  of  the. 
glorious  deliverer  of  England  from  that  detested  family, 
to  which  you  are  still  more  nearly  allied  in  principle  than 
in  blood. — In  the  name  of  decency  and  common  sense, 
what  are  your  Grace's  merits,  either  with  King  or  mini- 
stry, that  should  ei;  '  ■  u  to  asssume  this  domineering 
authority  over  both  it  the  fortunate  consanguinity 
you  claim  wdth  the  house  of  Stuart  ? — Is  it  the  secret 
correspondence  you  have  for  so  many  years  carried  on 
"with  Lord  Bute,  by  the  assiduous  assistance  of  your 
«i:ream-coloured  parasite  ? — Could  not  your  gallantry  find 
suiiicient  employment  for  him  in  those  gentle  offices  by 
which  he  first  acquired  the  tender  friendship  of  Lord 
Earrington  ?- — Or  is  it  only  that  wonderful  sympathy  of 
manners  which  subsists  between  your  Grace  and  one  of 
your  superiors,  and  does  so  much  honour  to  you  both  ? — 
Is  the  union  of  Blifil  and  Black  George  no  longer  a  ro- 
mance ? — I'^rom  whatever  origin  your  influence  in  this 
country  arises,  it  is  a  phenomenon  in  the  history  of  hu- 
nian  virtue  and  understandiiig. — Good  men  can  hardly 
believe  the  fact.  Wise  men  are  unable  to  account  for  it 
"■cligious  men  find  exercise  ibvthciv  '   /'      r-id  make  xt 


237 

die  last  clibrt  of  their  piety,  not  to  repine  against  Provi- 
dence. 

Junius. 


LETTER  LVIir. 


TO    THE    LIVLRY    OF    LONDON. 

GENTLEMEN,  Sept.  30.  1771' 

If  you  alone  were  concerned  in  the  event  of  the 
present  election  of  a  chief  magistrate  of  the  metropolis,  it 
"would  be  the  highest  presumption  in  a  stranger  to  attempt 
to  influence  your  choice,  or  even  to  offer  you  his  opinion. 
But  the  situation  of  public  affairs  has  annexed  an  extraor- 
dinary importance  to  your  resolutions.  You  cannot,  in- 
the  choice  of  your  magistrate,  determine  for  yourselves 
only.  You  are  going  to  determine  upon  a  point  in  which 
every  member  of  the  community  is  interested.  I  will  not 
scruple  to  say,  that  the  very  being  of  that  law,  of  that 
right,/  of  that  constitution,  for  which  we  have  been  so  long; 
contending,  is  now  at  stake.  They  who  would  ensnare 
your  judgment,  <t\l  you,  it  is  a  common,  ordinary  case,  an4 
to  be  decided  by  ordinary  precedent  and  practice.  They^ 
artfully  conclude  from  moderate  peaceable  times,  to  times 
which  are  not  moderate,  and  which  ought  not  to  be  peace- 
able— While  they  solicit  your  favour,  they  insist  upon  9/ 
rule  of  rotation  which  excludes  all  idea  of  election. 

Let  me  be  honoured  with  a  few  minutes  of  your  atten- 
tion.— The  question,  to  those  who  mean  fairly  to  the 
liberty  of  the  people  (which  wc  all  profess  to  have  in  view), 
lies  within  a  very  narrow  compass.  Do  you  mean  to  de- 
sert that  just  and  honourable  system  of  measures  which 
you  have  hitherto  pursued,  in  hopes  of  obtaining  from 
parliament,  or  from  the  crown,  a  full  redress  of  past 
grivances,  and  a  security  for  the  future  I — Do  you  think 
the  cause  desperate,  and  will  you  declare  that  you  think 
so  to  the  whole  people  of  England?  If  this  be  your 
meaning  and  opinion,  you  will  act  consistently  with  it  in 
choosing  Mr.  Nash. — -I  profess  to  be  unacquainted  with 
his  private  character.  But  he  has  acted  as  a  magistrate, 
—as  a  public  man. — As  such  I  speak  of  him. — I  see  his 
name  in  a  protest  against  one  of  your  remonstrances  t& 


:^S8 

;he  crown. — He  has  done  every  thing  in  his  power  l 
destroy  the  freedom  of  popuhir  elections  in  the  city,  b} 
publishing  the  poll  upon  a  former  occasion  ;  and  I  know 
in  general,  that  he  has  distinguished  himself,  by  slighting 
and  thwarting  all  those  public  measures  which  you  have 
engaged  in  with  the  greatest  Avarmth,  and  hitherto  thought 
most  worthy  of  your  approbation. — From  his  past  con- 
duct, what  conclusion  will  you  draw,  but  that  he  will 
act  the  same  part  as  Lord  Mayor  which  he  has  invariably 
acted  as  Alderman  and  Sheriff;  He  cannot  alter  his  con- 
duct without  confessing  that  he  never  acted  upon  princi- 
ple of  any  kind. — I  should  be  sorry  to  injure  the  character 
of  a  man,  who  perhaps  may  be  honest  in  his  intention,  by 
supposing  it  possible  that  he  can  ever  concur  with  you  in  any 
political  measure  or  opinion. 

If,  on  the  other  hand,  you  mean  to  persevere  in  those 
resolutions  for  the  public  good,  which,  tliough  not  al- 
ways successful,,  are  always  honourable,  your  choice  will 
naturally  incline  to  those  men  who  (whatever  they  be  in 
other  respects)  are  most  likely  to  co-operate  with  you  in 
the  great  purposes  which  you  are  determined  not  to  re- 
linquish.— The  question  is  not  of  what  metal  your  instru- 
ments are  made  ;  but  "  whether  they  are  adapted  to  the 
**  work  you  have  in  hand  V  The.  honours  of  the  city,  in 
these  times,  are  improperly,  because  exclusively,  called 
a  reward.  You  mean  not  merely  to  pay,  but  to  employ.— 
Are  Mr.  Crosby  and  Mr.  Sawbridge  likely  to  execute  the 
extraordinary  as  well  as  the  ordinary  duties  of  Lord 
-layor  ? — Will    they    grant  you    common-lialls   when    it 

uU  be  necessary  ?~Will  they  go  up  with  remonstrances 
lo  the  King  ? — Have  they  firnnness  enough  to  meet  the 
fury  of  a  venal  House  of  Commons? — Have  they  forti- 
tude enough  not  to  shrink  at  imprisonment  ? — Have  they 
spirit  enough  to  hazard  their  lives  and  fortunes  in  j^  con-: 
test,  if  it  should  be  necessary,  with  a  prostituted  legisla- 
ture ? — If  these  questions  can  fairly  be  answered  in  the 
affirmative,  your  choice  is  made.  Forgive  this  passionate 
language. — I  am  unable  to  correct  it. — The  subject  comr^^ 
home  to  us  all. — It  is  the  language  of  my  heart. 


.2S» 


LETTER  LIX. 

.TO  UNTER    OF   THE    PU3LIC  ADVERTISER, 

32R,  Oct.  1.  nn. 

No  man  laments  more  sincerely  than  I  do,  the 
unhappy  differences  which  have  arisen  amoni^  the  friends  of 
the  people,  and  divided  them  from  each  other.  Tiic 
cause  undoubtedly  suffers  as  well  by  the  diminution  of 
that  strength  which  union  carries  along  with  it,  as  by  the 
separate  loss  of  personal  reputation  which  every  man  sus- 
tains when  his  character  and  conduct  arc  h^quently  held 
forth  in  odious  or  contemptible  colours. These  dif- 
ferences are  only  advantageous  to  the  common  enemy  of 
the  country. — The  hearty  friends  of  the  cause  are  pro- 
voked and  disgusted. — The  lukewarm  advocate  avails 
himself  of  any  pretence  to  relapse  into  that  indolent  in- 
difference about  every  thing  that  ought  to  interest  an 
Englishman,  so  unjustly  dignified  with  the  title  of  mode- 
ration.  The   false,  insidious   partisan,  who   creates   or 

foments  the  disorder,  sees  the  fruit  of  his  dishonest  in- 
dustry ripen  beyond  his  hopes,  and  rejoices  in  the  pro- 
mises of  a  banquet,  only  delicious  to  such  an  appetite  as  his 
own. — It  is  time  for  those  who  really  mean  wlU  to  the  Cause 
-and  the  People,  who  have  no  view  to  private  advantage, 
and  who  have  virtue  enough  to  prefer  the  general  good 
of  the  community  to  the  gratification  of  personal  animo- 
sities-—it  is  time  for  such  men  to  interpose. — Let  us  try 
whether  these  fatal  disseniions  may  not  yet  be  reconciled  ; 
or,  if  t}*at  be  impracticable,  let  us  guard  at  lei^st  against 
the  vrorst  effects  of  division,  and  endeavour  to  pt^jftj^de 
these  furious  partizans,  if  they  will  not  consent  t<ra¥aw 
together,  to  be  separately  useful  to  that  cause  which  they 
all  pretend  to  be  attached  to. —  lionour  and  honesty  must 
not  be  renounced,  although  a  tliouscaid  modes  of  right 
and  wrong  were  to  occupy  the  degrees  of  morality  be- 
iwc(^n   Zcno   and  Epicurus.     The   fundamental  principles 

.ity  may  still  be  preserved,  though  every  zca- 
.  '-1.  ..  .u;y  adheres  to  his  own  exclusi'^^^  '^-^-^-^irjc,  and 
piou/i   ecclesiastics  make  it  part  of  their  ] ;  -  perse- 

cute one  another. — — The  civil  constitution  too,  that  le- 
gal lU)t:r(v,  that  gcnevL.l   cs<:tc]  which  every  Eni5:lishmar: 


74& 

professes,  may  still  be  supported,  though  Wilkes,  an*^ 
Home,  and  Townsend,  and  Sawbridf^e,  should  obstinate- 
ly refuse  to  communicate;  and  even  if  the  fathers  of  the 
church,  if  Savile,  Richmond,  Camden,  Rockingham,  and 
Chatham,  should  disagree  in  the  ceremonies  of  their  po- 
litical worship,  and  even  in  the  interpretation  of  twenty 
texts  in  |Magna  Charta. — I  speak  to  the  people  as  one  of 
the  people. — Let  us  employ  these  men  in  whatever  de- 
partments their  various  abilities  are  best  suited  to,  and  as 
much  to  the  advantage  of  the  common  cause  as  their  dif- 
ferent inclinations  will  permit.  They  cannot  serve  us, 
witiiout  essentially  serving  themselves. 

If  Mr.  Nash  be  elected,  he  will  hardly  venture,  after 
so  recent  a  mark  of  the  personal  esteem  of  his  fellow- 
citizens,  to  declare  himself  immediately  a  courtier.  The 
spirit  and  activity  of  the  Sheriffs,  will,  I  hope,  be  suffi- 
cient to  counteract  any  sinister  intentions  of  the  Lord 
Mayor.  In  collision  with  their  virtue,  perhaps  he  may- 
take  fire. 

It  is  not  necessary  to  exact  from  Mr.  Wilkes  the  vir- 
tues of  a  Stoic.  They  were  inconsistent  with  themselves, 
who,  almost  at  the  same  moment,  represented  him  as  the 
basest  of  mankind,  yet  seemed  to  expect  from  him  such 
instances  of  fortitude  and  self-denial  as  would  do  honour, 
to  an  apostle.  It  is  not,  however,  flattery  to  say,  that  he 
is  obstinate,  intrepid,  and  fertile  in  expedients.  That  he 
has  no  possible  resource,  but  in  the  public  favour,  is,  in 
my  judgment,  a  considerable  recommendation  of  him.  I 
wish  that  every  man,  who  pretended  to  popularity,  were 
in  the  same  predicament.  I  wish  that  a  retreat  to  St. 
James's  were  not  so  easy  and  open,  as  patrio  s  have  found 
it.  To  Mr.  Wilkes  there  is  no  access.  However  he  may 
be  misled  by  passion  or  imprudence,  I  think  he  cannot  be 
guilty  of  a  deliberate  treachery  to  the  public.  The  favour 
of  his  country  constitutes  the  shield  which  defends  him 
against  a  thousand  daggers.     Desertion  would  disarm  him. 

I  can  more  readily  admire  the  liberal  spirit  and  inte- 
grity, than  the  sound  judgment  of  any  man,  who  prefers 
a  republican  form  of  government,  in  this  or  any  other 
empire  of  equal  extent,  to  a  monarchy  so  qualified  and 
limited  as  ours.  I  am  convinced,  that  neither  is  it  in 
theory  the  wisest  system  of  government,  nor  practicable 


211 

in  this  country.  Yet,  though  I  hope  the  English  consti- 
tution "will  for  ever  preserve  its  oitginal  monarchical  form, 
I  would  have  the  manners  of  the  people  purely  and  strict- 
ly republican .  I  do  not  mean  the  licentious  spirit  of  anar- 
chy and  riot.  I  mean  a  general  attachment  to  the  com- 
mon weal,  distinct  from  any  partial  attachment  to  persons 
or  fiimiiies;  an  iitiplicit  submission  to  the  laws  onl}*,  and 
an  affection  to  the  magistrate,  proportioned  to  the  inte- 
grity and  wisdom  with  which  he  distributes  justice  to  his 
X)eople,  and  administers  tlieir  affairs.  The  present  habit 
of  our  political  body  appears  to  me  the  very  reverse  of 
what  it  ought  to  be.  IJie  form  of  the  constitution  leans 
rather  more  than  enough  to  the  popular  branch;  while, 
in  effect,  the  manners  of  the  people  (of  those  at  least  who 
are  likely  to  take  a  lead  in  the  country)  incline  too  gene- 
rally to  a  dependence  upon  the  crown.  The  real  friends 
of  arbitrary  power  combine  the  facts,  and  are  n.ot  incon- 
bistent  with  their  principles  when  they  strenuously  support 
the  unwarrantable  privileges  .assumed  by  the  House  of 
Commons.  In  these  circumstances,  it  were  much  to  be 
desired,  that  we  had  many  such  men  as  Mr.  Sawbridge 
to  represent  us  in  parliam.ent.  I  speak  from  common  re- 
port and  opinion  only,  when  I  impute  to  him  a  specula- 
tive predilection  in  favour  of  a  republic.  In  the  person- 
al conduct  and  manners  of  the  man,  I  cannot  be  mista- 
ken. He  has  shown  himself  possessed  of  that  republican 
firmness  which  the  times  require,  and  by  which  an  Eng- 
lish gentlemen  may  be  as  usefully  and  as  honourably  dis- 
tinguished as  any  citizen  of  ancient  Rome,  of  Athens,  or 
Lacedxmon. 

Mr.  I'ownsend  complains,  that  the  public  gratitude  has 
not  been  answerable  to  his  deserts.  It  is  not  difficult  to 
trace  the  artifices  which  have  suggested  to  him  a  language 
so  unworthy  of  his  understanding.  A  great  man  com- 
mands the  affections  of  the  people.  A  prudent  man  does 
not  complain  when  he  has  lost  them.  Yet  they  are  far 
from  being  lost  to  Mr.  Townsend.  He  has  treated  our 
opinion  a  little  too  cavalierly.  A  young  man  is  apt  to 
rely  too  confidently  upon  himself,  to  be  as  attentive  to 
his  mistress  as  a  polite  and  passionate  lover  ought  to  be. 
Perhaps  he  found  her  at  first  too  easy  a  conquest.  Yet 
I  lixncy  she   will  be   ready  to   receive   him  whenever  he 


242 

tliinks  proper  to  renew  his  addresses.  With  all  iiis  youtn. 
his  spirit,  and  his  appearance,-  it  would  be  indecent  in  the 
lady  to  solicit  his  return. 

I  have  too  much  respect  for  the  abilities  of  Mr.  Horne^ 
to  flatter  myself  that  these  gentlemen  will  ever  be  cordial- 
ly reunited.  It  is  not,  however,  unreasonable  to  expect 
that  each  of.  them  should  act  his  separate  part  with  ho- 
nour and  integrity  to  the  public.  As  for  the  differences 
of  opinion  upon  speculative  questions,  if  we  wait  until 
they  are  reconciled,  the  action  of  human  affairs  must  be 
suspended  for  ever.  But  neither  are  we  to  look  for  per- 
fection in  any  one  man,  nor  for  agreement  among  many. 
When  Lord  Chatham  affnTus,  that  the  authority  of  the 
British  legislature  is  not  supreme  over  the  colonies,  in  the 
same  sense  in  which  it  is  supreme  over  Great  Britain  ; 
—When  Lord  Camden  supposes  a  necessity,  (which  the 
King  is  to  judge  of},  and,  founded  upon  that  necessity, 
attributes  to  the  crown  a  legal  power  (not  given  by  the 
act  itself)  to  suspend  the  operation  of  an  act  of  the  legis- 
lature— I  listen  to  them  both  with  diffidence  and  respect, 
hut  without  the  smallest  degree  of  conviction  or  assent. 
Yet,  I  doubt  not,  they  delivered  their  real  sentiments  ; 
nor  ought  they  to  be  hastily  condemned.  I  too  have  a 
claim  to  the  candid  interpretation  of  my  country,  when  I 
acknowledge  an  involuntary,  compulsive  assent  to  one 
very  unpopular  opinion.  I  lament  the  unhappy  necessi- 
ty, whenever  it  arises,  of  providing  for  the  safety  of  the 
state,  by  a  temporary  invasion  of  the  personal  liberty  of 
the  subject.  "Would  to  God.it  were  practicable  to  recon- 
cile these  important  objects,  in  every  possible  situation  of 
public  affairs 1 — I  regard  the  legal  liberty  of  the  m-eanest 
man  in  Britain  as  much  as  my  own,  and  would  defend 
it  with  the  same  zeal.  1  know  we  must  stand  or  fail  to.i;e- 
ther.  But  I  can  never  doubt,  that  the  community  has  a 
right  to  command,  as  well  as  to  purchase,  the  service  of 
its  members.  I  see  that  right  founded  originally  upon  a 
necessity,  which  supersedes  all  argument.  I  see  it  esta- 
blished by  usage  immemorial,  and  admitted  by  more  tlum 
a  tacit  assent  of  the  legish\ture.  I  conclude  there  is  no 
remedy,  in  the  nature  of  things,  for  tlie  grievance  com- 
plained of;  for,  if  there  were,  it  must  long  siiK 
been  redressed.      Though  numberless  opportMrnu.,:.  .    .. 


24-3 

presented  themselves  highly   favourable  to  public  hbeny-, 
no  successful  attempt  has  ever  been   made  for  the  relief 
of  the   subject  in  this  article.      Yet  it  has  been    felt  and 
complained  of,  ever  since  England  had  a  navy.     The  con- 
iitions  which  constitute  this  right  must  be  taken  together. 
Separately  they  have  little  weight.     It  is  not  fair  to  argue, 
from  any  abuse  in  the    execution,  to  the  legality  of  the 
power ;    much  less  is  'a  conclusion  to  be  drawn  from  the 
navy  to  the  land  service.      A   seaman  can   never  be  (nn- 
ployed  but  against  the  enemies  of  his  country.      The  only 
case  in  which  the  King   can  have  a  right  to  arm  his  sul)- 
jects  in  general,  is  that  of  a  foreign  force  being  actual] 
landed  upon  our  coast.      Whenever  that  case  happens,  n^ 
true  Englishman  will  inquire  whether  the  King's  right  to 
compel  him  to  defend  his  country,  be  tlic  custom  of  Eng- 
land, or  a  grant  of  the  legislature.      With  regard  to  tl. 
press  for  seamen,  it  does  not  follow  that  the  sympton. 
inay  not  be  softened,  although  the   distemper  cannot  I 
ctired.      Let  bounties  be  increased  as  far  as  the    pub!" 
purse   can  support   them.      Still  they    have  a  limit;    ai 
when  every  reasonable  expence  is  incurred,  it  w^ill  be  foun 
in   fact,  that  the  spur  of  the  press  is  v,:uitcd  to  p:ive  cp.:r 
lion  to  the  bounty. 

Upon  the   whole,   I   never  had  a  l_.....  ^..^.,.  u. ^.. 

right  of  pressing,  until  1  heard  that  Lord  Mansfield  had 
applauded  Lord  Chatham  for  delivering  something  like 
this  doctrine  in  the  House  of  Lords.  That  consideration 
staggered  me  not  a  little.  But,  upon  rclleclion,  his  con- 
duct accounts  naturally  for  itself.  He  knew  the  doctrine 
was  unpopular,  and  was  eager  to  fix  it  upon  the  man 
who  is  the  first  object  of  his  fear  and  detestation.  The 
cunning  Scotchman  never  speaks  trulh  without  a  frau- 
dulent design.  In  council,  he  generally  aiTccts  to  take 
a  moderute  part.  Besides  his  natural  tiir/idity,  it  makes 
part  of  his  political  plan-,  never  to  be  known  to  recom- 
mend violent  measures.  When  the  guards  are  called 
forth  to  murder  their  fellow  subjects,  it  is  not  by  the 
ostensible  advice  of  Lord  Mansfield.  That  odious  office, 
his  prudence  tells  him,  is  better  left,  to  such  men  as  Cow- 
er^ and  Weymouth,  as  Barrington  and  Grafton.  Lord. 
Hiilsboror  ''nes  his  firmness    to  the  distant. 

American-         ^t^    L....:  of  Mansfield  are  more   subtle. 


5it 

•--■'^•-:  '-:  secure-  Who  allacks  il...  i.i;dy  l. 
j  press  ?— Lord  Mansfield. — Who  invades  the  consdui- 
nal  power  of  juries? — Lord  Miuv^:  !' — What  judge 
cr  challenged   a  juryman,  but   Lo  ^licld?~Who 

'\-M  judge,  ^?ho,  to  save  the  Kings  Brother,  aflirmed 
man  of  the   first  rank   and  quality,  who  obtained  a 
I   in   a  suit  for   criminal  conversation,  is  entitled  to 
ater  damages  than   the  meanest  mechanic  r- — Lord 
.ekh— Who  is  it  makes  commissioners  of  the  grea' 
-Lord   Mansfield.— WHiO   is   it  forms   a  decree  foi 
■  ornmissioners,  deciding  against  Lord   Chatham,  and 
'-    '"-ding  himself  opposed   by  the    judges)  de- 
nent,  that  he  never  had  a   doubt   that  the 
ct  opposition  to  that  decree  ? — Lord  Mans- 
}}e   that  has   made  it   the  study  and  prac- 
lidermine  ant}   alter  the  whole  system 
:  a:  .-.  ,.1- .a.   ::i   the  Court  of  King's  Bench? — Lord 
.ansfieid.     There  never  existed  a  man  but   himself,  wbiO 
severed  exactly  to  so  complicated  a  description.      Corn- 
red  to  these  enormities,  his  original  attachment  to  the 
ider  (to  v/hom  his   dearest  brother  'tvas  confidential 
.     ary)  is  a  virtue  of  tlie  first  magnitude.     But  the  hour 
•  impeachment  will  come,   and  neither  he  nor  Grafton 
]I  escape   me.      Now  let  them   make  common  cause 
>dand  and  the  House  of  Hanover.    A  Stuart  and 
.., :  r<.y    nould  sympathise  with  each  other, 
Wlien  I  refer  to  signal  instances  of  unpopular  opinions 
'    '!)d   maintained  by  men  who  may  vreil  be  sup- 
ae  no  view  hut  th.e  public  good,  I  do  not  m^ean 
e  discussion  of  such  opinions.     I  should  be  sor- 
e   the  dormant   questions  of    Stamp-act,   Corn- 
bill,  or  PresS'Warrant.     I  mean  only  to  illustrate  one  use- 
ful proposition,  which  it  is  the  intention  of  this  paper  to 
inculcate  ;—''•  That  we  should  not    generally  reject   the 
^'  friendship    or  services  of   any  man  because    he  differs 
''  from  us   in  a  particular  opinion."      This  will  not   ap- 
pear a  superfluous  caution,  if  we   observe   the    ordinar}' 
conduct  of  mankind.      In  public  affairs  there  is  the  least 
chance  of  a  perfect  concurrence  of  sentim.ent  or  inclina 
lion.       Yet  every  man   is  able  to  contribute   something  tc 
the  common  stock  ;    and  no   man's  contribution  should  be 
reiected.      If  individuals  have  no  virtues,  their  vices  may 


be  of  use  to  us.  I  care  not  with  what  principle  the  new- 
born patriot  is  animated,  if  the  mcasurts  he  supports  are 
beneficial  to  tl-e  community.  The  nation  is  interested  in 
his  conduct.  -is  motives  are  his  own.  The  properties 
of  a  p-itriot  are  pcvis' table  in  the  individual ;  but  there  is 
a  quick  succession  of  subjects,  and  the  breed  is  worth  prc- 
!.  TiiC  spirit  of  the  Americans  may  be  an  useful 

c  .  tons.  Our  dogs  and  horses  are  only  Eng-lish 
upon  English  (ground  ;  but  patriotism,  it  seems,  may  be 
improved  by  transplanting.  I  will  not  reject  a  bill  whicl> 
tends  to  confine  parliamentary  privilege  within  reasonable 
bounds,  though  it  should  be  stolen  from  the  house  of  Ca- 
vendish, and  introduced  by  Mr.  Onslow.  The  features  of 
the  infant  are  a  proof  of  the  descent,  and  vindicate  the- 
noble  birth  from  the  baseness  of  the  adoption.  I  willing- 
ly accept  of  a  sarcasm  from  Colonel  Barre,  or  a  simile 
from  Mr.  Burke.  Even  the  silent  vote  of  Mr.  Cakraft 
is  worth  reckoning  in  a  division.  What  though  he  riots 
in  the  plunder  of  the  army,  and  has  only  determined  to 
be  a  patriot  when  he  could  not  be  a  peer  ? — Let  us-  profit 
by  the  assistance  of  such  men  while  they  are  with  us,  anci 
place  them,  if  it  be  possible,  in  the  post  of  danger,  to  pre  | 
vent  desertion.  The  WT*ry  Wedderburne,  the  pompous 
Suffolk,  never  threw  away  the  scabbard,  nor  ever  went 
upon  a  forlorn  hope.  They  always  treated  the  King's  ser« 
vants  as  men  with  wiiom,  some  time  or  other,  they  might 
possibly  be  in  friendship.  When  a  man  who  stands  forth 
for  the  public  has  gone  that  length  from  which  there  is - 
no  practicable  retreat,— when  he  has  given  that  kind  of 
personal  offence  v/hich  a  pious  monarch  never  pardons? 
1  then  begin  to  think  him  in  earnest,  and  that  he  never 
viU  have  occasion  to  solicit  the  forgiveness  of  his  country. 
y;ut  instances  of  a  determination  so  entire  and  unreserved 
are  rarely  met  with.  Let  us  take  mankind  as  they  are. 
Let  us  distribute  the  virtues  and  abilities  of  individuals 
according  to  the  offices  they  affect ;  and,  when  they  quit 
the  service,  let  us  endeavour  to  supply  their  places  with 
better  men  than  we  have  lost.  In  this  country,  there  are  . 
?.hvays  candidates  enough  for  popular  favour.  The  temple 
of  fame  is  the  shortest  passage  to  riches  and  preferment. 

Above  all  things,  let  me  guard  m.y  countrymen  against 
the  meancss  and  folly  of  accepting  of  a  trifiihg  or  moih^  - 


246' 

.^  —     :    .lion  for  extraordinary  and  .}'•''■- 

Mir  enemies  treat  us  as  the  cunning  traciei    docs  the  un- 
-kiiful  Indian.  They  magnify  their  generosity,  when  tliey 
give  us  baubles  of  little  proportionate  value,  for  ivory  and 
cold.      The  same  House  of  Commons,  who  robbed  the 
*>nstituent  body  of  their  right  of  free  election  ;    who  pre- 
.  med  to  make  a  law,  under  pretence  of  declaring  it ;  w^ho 
■■■^ld  our  good  King's  debts, .  without  once  inquiring  how 
•vvere  incurred;    who  gave  thanks  for  repeated  mur- 
.;:i.  committed  at  home,  and  for  national  infamy  incurred 
iibroad  ;    who  screened  Lord  Mansfield  ;  who  imprisoned 
'he  magistrates  of  the  metropolis  for  asserting  the  subject's 
ght  to  the  protection  of  the  laws  ;    who  erased  a  judicial 
record,  and  ordered  all  proceedings  in  a  criminal  suit  to 
he  suspended  ; — This  very  House  of  Commons  have   gra- 
ciously  consented,   that  their  own  members  may  be  com- 
oelied  to  pay  their  debts,  and  that  contested  elections  shall 
'  jr  the  future  be   determined  with   some  decent  regard  to 
'_-ie  merits  of  the  case.     The  event  of  the  suit  is  of  no  con- 
-^/^quence  to  the  crown.     While  parliaments  are  septennial, 
:  :e  purchase  of  the   sitting   member  or  of  the  petitioner 
lakes  but  the  difference  of  a  day.- — Concessions,  such  as 
are  of  little  raomxcnt  to  tlie  sum  of  things  ;  unless  it 
,     -.,  prove  that  the  w^orst  of  men  are  sensible  of  the  inju- 
res they  have  done  us,  and  perhaps  to  demonstrate  tons 
•  iic  imminent  danger  of  our  situation.     In   the   shipv>^reck 
{^f  the  state,  trifles  float   and  are   preserved  ;    while  every 
ihing  solid  and  valuable   sinks  to  the  bottom,   and  is  lest 
ivv  ever. 

JuisriUS. 


LETTER  LX. 


TO  THE    PRINTER  OF    THE    PUBLIC    ADVERTISES,, 

yR,  ^  ^       ^     ^         Oct.  15.  1772. 

I  AM  convinced  that  Junius  is  incapable  of  wil- 
fully misrepreseiUing  any  man's  opinion,  and  that  his  in- 
iination  leads  him  to  treat  Lord  Camden  with  particular 
...andour  and  respect.  The  doctrine  attributed  to  him  by 
Junius,  as  far  as  it  goes,  corresponds  with  that  stated  by 
your  correspondent  Scxvola,  who  seems  to  make  a  distinc- 


%^1 

lion  without  a  difference.  Lord  Camden,  it  is  agreed,  did 
certainly  m  linlean,  that,  in  the  recess  of  parliament,  the 
King  (by  which  we  all  mean  the  king  in  council,  or  th^^ 
executive  power)  might  suspend  the  operation  of  an  act  of 
the  legislature  ;  and  he  founded  his  doctrine  upon  a  sup- 
posed necessity,  of  which  the  King,  in  the  first  instance, 
must  be  jvidge.  The  Lords  and  Commons  cannot  be 
judges  of  it  in  the  first  instance,  for  they  do  not  exist. — 
Thus  far  Junius. 

But,  says  Scxvola,  Lord  Camden  macle  parliament 
and  not  the  King,  judges  of  the  necessity — That  parlia- 
ment may  review  the  acts  of  ministers,  is  unquestionable-^ 
but  there  is  a  wide  difference  between  saying  that  the 
crown  has  a  legal  power,  and  that  ministers  may  act  ^t 
their  peril.  When  we  say  that  an  act  is  illegal,  we  mean 
that  it  is  forbidden  by  a  joint  resolution  of  the  three 
estates.  How  a  subsequent  resolution  of  two  of  those 
branches  can  make  it  legal  ab  initio^  will  require  explana- 
tion. If  it  could,  the  consequence  would  be  truly  dread- 
ful, especially  in  these  times.  There  is  no  act  of  arbi- 
trary power  which  the  King  might  not  attribute  to  neces- 
sity, and  for  which  he  would  not  be  secure  of  obtaining,  the 
approbation  of  his  prostituted  Lords  and  Commons.  \% 
Lord  Camden  admits  that  the  subsequent  sanction  of  par- 
liament was  necessary  to  make  the  proclamation  legal, 
why  did  he  so  obstinately  oppose  the  bill  which  was  soon 
after  brought  in  for  indemnifying  all  those  persons  who 
had  acted  under  it?- — If  that  bill  had  not  been  passed,  I 
am  ready  to  maintain,  in  direct  contradiction  to  Lord 
Camden's  doctrine  (taken  as  Scsevola  states  it)>  that  a  liti- 
gious exporter  of  corn,  wlio  had  suffered  in  his  property 
in  consequence  of  the  proclamation,  might  have  hiid  his 
action  against  the  custom-house  officers,  and  would  infaL 
Mbly  have  recovered  damages.  No  jury  could  refuse  them  ; 
and  if  I,  w^ho  am  by  no  means  litigious,  had  been  so  in- 
jured, I  would  assuredly,  have  instituted  a  suit  in  West- 
minister-hall, on  purpose  to  try  the  question  of  riglit.  I 
would  ha>e  done  it  upon  a  principle  of  defiance  of  the 
pretended  power  o£  eit!\er  or  both  houses  to  make  decla- 
rations incoHbistcnt  with  law  ;  and  I  have  no  doubt  that,, 
witn  an  act  of  parliament  on  my  side,  I  should  have  beei: 
'^o  strong  for  them  all,      Thi^  is  the  way  in  which  a- 


2-4S 

Enp'l'isbman  should  speak  and  act;  and  not  suffer  dan- 
gei  u  )  ,,iccedcnts  to  be  established,  because  tlie  circum- 
st.  ■iayomable  or  palliating". 

iv^gnd  to  Lord  Camden,  the  truth  is,  that  he  in- 
advei Leiitlv    overshot  himsv  appears   plainly  {)y   thai 

unguarded  mention   of  a  T  forlv  d^ivs.   which  I 

myself  heard.       nsttad  of  -nation 

■was  legals  he  should  have  ,\v  the 

"  proclamation  was  illep;a]  use   it 

"  was  indispensably   nece^  j  m   from 

"  famine;  and   I  submit  n:.  nd  mercy 

"  of  my  country." 

Such  language  as  this  would  have  iianly,  rrtional, 

and  consistent; — not  unfit  for  a  lawyer,    and  every  way. 
worthy  of  a  great  man, 

piiiLo  Junius. 

P.  S.  If  Scsivola  should  think  proper  to  write  again  upon 
this  subject,  I  beg  of  him  to  give  me  a  direct  answer, 
that  is,  a  plain  affirmative  or  negative,  to  the  following 
questions  :— In  the  interval  between  the  publishing  such 
a  proclamation  (or  order  of  council)  as  that  in  question, 
and  its  receiving  the  sanction  of  the  two  Houses,  cf 
what  nature  is  it  ? — is  it  legal  or  illegal  ?  or  is  it  neither 
one  nor  the  other  ? — I  mean  to  be  candid,  and  will  point 
out  to  him  the  consequence  of  his  answer  either  way. 
If  it  be  legal,  it  wants  no  farther  sanction  ;  if  it  be  il- 
legal, the  subject  is  not  bound  to  obey  it  ;  consequently 
it  is  a  useless  nugatory  act,  even  as  to  its  declared  pur- 
pose. Before  the  meeting  of  parliament,  the  whole  mis- 
chief, which  it  means  to  prevent,  will  have  been  com- 
pleted. 


LETTER  LXI 


TO    ZENO. 

SIR,  Oct.  17.  irn. 

The  sophistry  of  your  letter  in  defence  of  Lord 

Mansfield,  is  adapted   to   the  character  you  defend.     Eut 

L.'Ord   Mansfield  is  a  man  of  form,  and  seldom  in   his  be- 

-   ?:resses^the  rules  of  dccoruia.     I  shall  imiu-': 


.,  Lord'5hii/s  t:ood  mai^snc'Tj  ^■i/i  ['.-:"':    "v"v  m  full  pose?- 
!';nof  i:is  piinc^plcs.       I   T^i  :  not  ci  ar,   Jesuit,  or 

villain;  but  with  all  the   poli"         -  c,  perhaps  I 

may  prove  yoii  so. 

Like  other  fair  pleaders  in  Lord  Manbucicrs  school  o^ 
iustice,     you   answer    Junius  by   niisquotiiv^'    his  words, 

.(I  misstating  his  propositions.  If  1  am  candid  enough  to 
...imit  t^ -^  t;..^^  is  the  very  logic  taught  at  St.  Omer's,  you 
will  ■•(  \Y  that   it  is   the  constant  practice  in  the 

Court  (  I'viiitj^'s  Bench. — Junius  does  not  say,  that  he 
ncv'^r  jicid  a  doubt  about  the  strict  right  of  pressing,  "  till 
^^  he  knew  Lord  MansReld  was  of  the  sanr>e  opinion." — 
His  words  are,  "  Until  he  heard  that  Lord  Mansfield  had 
*^  applauded  Lord  Chatham  for  maintadning  that  doc- 
*'  trine  in  the  House  of  Lords  "  It  was  not  the  accidental 
concurrence  of  Lord  Mansfield's  opinion,  but  the  suspici- 
ous applause  given  by  a  cunning  Scotchman  to  the  mai? 
he  detests,  that  raised  and  justified  a  doubt  in  the  mind  of 
Junius.  The  question  is  not,  whether  Lord  Mansfield 
be  a  man  of  learning  and  abilities  (which  Junius  has  never 
disputed)  ;  but,  whether  or  no  he  abuses  and  misapplies 
his  talents  ? 

Junius  did  not  say  that  Lord  Mansfield  had  advised  the 
calling  out  the  guards.  On  the  contrary,  his  plain  mean- 
ing is,  that  he  left  that  odious  oflfice  to  men  less  cunning; 
than  himself. — Whether  Lord  Mansfield's  doctrine  con- 
cerning libels  be  or  be  not  an  attack  upon  the  liberty  of 
the  press,  is  a  question  which  the  public  in  general  are 
Very  well  able  to  determine.  I  shall  not  enter  into  it  at 
present.  Nor  do  I  think  it  necessary  to  say  much  to  a 
man,  who  had  the  daring  confidence  to  say  to  a  jury, 
"Gentlemen,  you  are  to  bring  in  a  verdict  guilty  or  not 
"  guilty  ;  but  whether  the  defendant  be  guilty  or  inno- 
•'  cent,  is  not  matter  for  your  consideration."  Clothe  it 
in  v/hat  language  yon  will,  this  is  the  sum  total  of  Lord 
Mansfield's  doctrine.  If  not,  let  Zeno  show  us  the  dif- 
ference. 

But  it  seems,  ^'  the  liberty  of  the  press  may  be  abused, 
''  and  the  abuse  of  a  valuable  privilege  is  the  certain  means 
^*  to  lose  it."  The  first  I  adn:)it : — but  let  the  abuse  be 
submitted  to  a  jury  ;  a  sufficient,  and  indeed  the  only  le- 
gal and  constitutional  check  upon  the  licence  of  the  pres^^; 


^Ihc  second  1  flatly  deny.  In  direct  contradiction  to  Lord 
Mansfield,  I  affirm,  "  that  tiie  abuse  of  a  valuable  privi- 
"  lege  is  not  the  certain  means  to  lose  it."  If  it  were,  the 
English  nation  v/ould  have  few  privileges  left ;  for  where 
is  the  privilege  that  has  not,  at  one  time  or  other,  been 
abused  by  individuals.  But  it  is  false  in  reason  and  equity, 
that  particular  abuses  should  produce  a  general  forfeiture, 
Shall  the  community  be  deprived  of  the  protection  of  the 
laws,  because  there  are  robbers  and  murderers? — Shall 
the  community  be  punished,  because  individuals  have  of- 
fended ?  Lord  Mansfield  says  so,  consistently  enough  with 
his  principles;  but  I  wonder  to  find  him  so  explicit.  Yei 
for  one  concession,  however  extorted,  I  confess  myseli 
obliged  to  him. — The  liberty  of  the  press  is,  after  all,  a  va- 
luable privilege.  I  agree  v/ith  hini  most  heartily,  and  will 
defend  it  against  him. 

You  ask  me,  What  juryman  was  challenged  by  Lord 
Mansfield?  I  tell  you  his  name  is  Benson.  When  his 
same  was  called,  Lord  Mansfield  ordered  the  clerk  to  pasi 
him  by.  As  for  his  reasons,  you  may  ask  himself,  for  he 
assigned  none  ;  but  I  can  tell  you  what  all  men  thought 
of  it.  This  Benson  had  been  refractory  upon  a  former 
jury,  and  would  not  accept  of  the  law  as  delivered  by 
Lord  Mansfield;  but  had  the  impudence  to  pretend  to 
think  for  himself. — But  you,  it  seems,  honest  Zeno,  know 
nothing  of  the  matter.  You  never  read  Junius's  letter  to 
your  patron  1  You  never  heard  of  the  intended  instruc- 
tions from  the  city  to  impeach  Lord  Mansfield  !  You  ne- 
ver heard  by  what  dexterity  of  Mr.  Patterson  that  measure 
was  prevented  !  How  wonderfully  ill  some  people  are  in« 
formed. 

Junius  did  never  ainrm,  that  the  crime  of  seducing  the 
wife  of  a  mechanic  or  a  peer,  is  not  the  same,  taken  in  a 
moral  or  religious  view.  What  he  affirmed,  in  contradic- 
tion to  the  levelling  principle  so  lately  adopted  by  Lord 
Mansfield,  v/as,  "  tliat  the  damages  should  be  proportion- 
"  ed  to  the  rank  and  fortune  of  the  parties ;"  and  for  this 
plain  reason  (admitted  by  every  other  judge  that  ever  sat 
in  Westminster-hall),  because,  what  is  a  compensation  or 
penalty  to  one  man,  is  none  to  another.  The  sophistical 
distiLction  you  attempt  to  draw  between  the  person  in- 
jured, and  the  person  injuring,  is  Mansfieid  all  over.     If 


251 

you  can  once  establish  the  proposition,  that  the  injured 
party  is  not  entitled  to  receive  large  damages,  it  follows 
pretty  plainly,  that  the  party  injuring  should  not  be  com- 
pelled to  pay  them  ;  consequectly  the  King's  brother  is  ef- 
fectually screened  by  Lord  Mansfield's  doctrine.  Your 
reference  to  Nathan  and  David  come  naturally  in  aid  of 
your  patron's  professed  system  of  jurisprudence.  He  is 
fond  of  introducing  into  the  Court  of  King's  Bench  any 
law  that  contradicts  or  excludes  the  common  law  of  Eng- 
land ;  whether  it  be  canon,  civil,  jus  i^entiiim^  or  LeviticaL 
But,  Sir,  the  Bible  is  the  code  of  our  religious  faith,  not 
of  our  municipal  jurisprudence  ;  and  though  it  *vas  the 
pleasure  of  God  to  inflict  a  particular  punishment  upon 
David's  crime  (taken  as  a  breach  of  the  divine  commands), 
and  to  send  his  prophet  to  denounce  it,  an  English  jury 
have  nothing  to  do  either  with  David  or  the  prophet. 
They  consider  the  crime  only  as  it  is  a  breach  of  order^ 
an  injury  to  an  individual,  and  an  offence  to  society  ;  and 
they  judge  of  it  by  certain  positive  rules  of  law,  or  by  the 
practice  of  their  ancestors.  Upon  tl'je  whole,  the  man 
"  after  God's  own  heart"  is  much  indebted  to  you  for 
comparing  him  to  the  Duke  of  Cumberland.  That  his 
Royal  Highness  may  be  the  man  after  Lord  Mansfield's 
own  heart,  seems  much  more  probable  ;  and  you,  I  think, 
Mr.  Zeno,  might  succeed  tolerably  well  in  the  character 
of  Nathan.  The  evil  deity,  the  prophet,  and  the  royal 
sinner,  would  be  very  proper  company  for  one  another. 

You  say  Lord  Mansfield  did  not  make  the  commis- 
sioners of  the  Great  Seal,  and  that  he  only  advised  the 
King  to  appoint.  I  believe  Junius  meant  no  more  :  and 
the  distinction  is  hardly  worth  disputing. 

You  say  he  did  not  deliver  an  opinion  upon  Lord  Chat- 
ham's appeal.  I  EuTirm  that  he  did,  directly  in  favour 
f'f  the  appeal. — This  is  a  point  of  fact,  to  be  determined 
by  evidence  only.  But  you  assign  no  reason  for  his  sup- 
posed silence,  nor  for  his  desiiing  a  conference  with  the 
judges  the  day  before.  Was  not  all  Westminster-hall 
convinced  that  he  did  it  with  a  view  to  puzzle  them  with 
some  perplexing  question,  and  in  hopes  of  bringing  some 
of  them  over  to  hiiii  ? — You  say  the  commissioners  "  were 
"  very  capable  of  framing  a  decree  for  themselves."  By 
the  fact,  it  only  appears,  tliat   i\\tY  were  capable  of  fra- 


isang  an  illegal  one;  v/hich  1  apprehend.  Is  ruot  iiuich  to 
the  credit  either  oi' their  learning  or  > 

We  are  both  at^reed,  that  Lord  ALii:oj.^..a  lu^^  ^i-v^ehsant- 
ly  laboured  to  introduce  new  modes  o:  proceednig  in  the 
court  v/here  he  presides ;  but  you  attribute  it  to  an  honest 
zeal  in  behalf  of  innocence  oppressed  by  quibble  and  chi- 
cane. 1  say,  that  he  has  introduced  new  law  too,  and 
removed  the  land-marks  established  by  former  deci- 
sions. I  say,  that  his  view  is  to  change  a  court  of  com- 
mon law  into  a  court  of  equity,  and  to  bring  every  thing 
within  the  arbitrimn  of  a  prxtorian  court.  The  public  must 
determine  between  us.  Ikit  now  for  his  merits.  I'i}\'U  then, 
the  establishment  of  the  judges  in  their  places  for  iife(  which 
you  teii  us  was  advised  by  Lord  ivlansiield),  was  a  conces- 
sion merely  to  catch  the  people.  It  bore  the  appearance  of 
royal  bounty,  but  had  nothing  real  in  it.  The  judges 
were  already  for  life,  excepting  in  the  case  of  a  demise. 
Your  boasted  bill  only  provides,  that  it  shall  not  be  in  the 
power  of  the  King's  successor  to  remove  them.  '^At  the  best, 
therefore,  it  is  only  a  legacy,  not  a  gift,  on  the  part  of 
his  present  majesty,  since  for  himself  he  gives  up  nothing. 
— That  he  did  oppose  Lord  Camden  and  Lord  North- 
ington  upon  the  proclamation  against  the  exportation  of 
corn,  is  most  true,  and  with  great  ability.  With  his  ta- 
lents, and  taking  the  right  side  of  so  clear  a  question,  it 
was  impossible  to  speak  ill. — His  motives  are  not  so  easily 
penetrated.  They  who  are  acquainted  with  the  state  of 
politics  at  that  period,  will  judge  of  them  somewhat  dif- 
ferently from  Zeno.  Of  the  popular  bills,  which  you 
say  he  supported  in  the  House  of  Lords,  the  most  ma- 
terial is  unquestionably  that  of  Mr.  Grenviile,  for  decid- 
ing contested  elections.  But  I  siiould  be  glad  to  know 
upon  what  possible  pretence  any  member  of  the  Upper 
Ilouse  could  oppose  such  a  bill,  after  it  had  passed  the 
House  of  Commons  r-^-I  do  not  pretend  to  know  Vvhat 
share  he  liad  in  promoting  the  other  two  bills  ;  but  1  rim 
ready  to  give  him  all  the  credit  you  desire.  Still  you  y.411 
ilrjd,  that  a  whole  life  of  deliberate  iniquity  is  ill  atoned  foi^ 
by  doing  now  and  then  a  laudable  action  upon  a  mixed 
or  doubtful  prhiciple. — If  it  be  unworthy  of  him,  thus 
.ngratefuily  treated,  to  labour  any   longer  for  the  public 


in  God's  name  let  him  retire.  His  brother's  patron  (whose 
health  he  once  was  anxious  for)  is  dead ;  but  the  son  of 
that  unfortunate  prince  survives,  and,  I  dare  say,  will  be 
-ready  to  receive  him. 

Philo  Junius. 


LETTER  LXII. 


.      TO    AN    ADVOCATE    IN    THE    CAUSE    OF    TH'E    PEOPLE. 

SIR,  Oct.  18.  1771. 

You  do  not  treat  Junius  fairly.  You  would  not 
liave  condemned  him  so  hastily,  if  you  had  ever  read  Judge 
Foster's  argument  upon  the  legality  of  pressing  seamen. 
A  man  who  has  not  read  that  argument,  is  not  qualified 
to  speak  accurately  upon  the  subject.  In  answer  to 
strong  facts  and  fair  reasoning,  you  produce  nothing 
but  a  vague  comparison  betv/een  two  things  which  have 
little  or  no  resemblance  to  each  other.  General  warrants, 
it  is  true,  had  been  often  issued  ;  but  they  had  never  been 
regularly  questioned  or  resisted  until  the  case  of  Mr. 
Wilkes.  He  brought  them  to  trial ;  and  the  moment  they 
were  tried,  they  were  declared  illegal.  This  is  not  the  case 
of  press  warrants.  They  have  been  complained  of,  ques- 
tioned, and  resisted  in  a  thousand  instances;  but  still 
the  legislature  have  never  interposed,  nor  has  there  ever 
been  a  form.al  decision  against  them  in  any  of  the  superior 
courts.  On  the  contrary,  they  have  been  frequently  re- 
cognized and  admitted  by  parliament ;  and  there  are  ju- 
dicial opinions  given  in  their  favour  by  judges  of  the  first 
character.  Under  the  various  circumstances  stated  by 
Junius,  he  has  a  right  to  conclude  for  himself,  that  there 
is  no  remedy.  If  you  have  a  good  one  to  propose,  you 
may  depend  upon  the  assistance  and  applause  of  Junius. 
The  magistrate  who  guards  the  liberty  of  the  individual, 
deserves  to  be  commended.  But  let  him  remember,  th^t 
it  is  also  his  duty  to  provide  for,  or  at  least  not  to  hazard, 
the  safety  of  the  community.  If,  in  the  case  of  a  foreign 
war,  and  the  expectation  of  an  invasion,  you  would  ra- 
ther keep  your  fleet  in  harbour,  than  man  it  by  pressing 
feamen  who  refuse  the  bounty,  I  have  done. 

You  talk  of  disbanding  the   army  with  wonderful  ease 

u 


:254 

una  indiiTerence.     If  a  ^viser  man  held  such  language,  ^ 
should  be  apt  to  suspect  his  sincerity. 

As  for  keeping  up  a  much  greater  number  of  seamen  in 
time  of  peacej^it  is  not  to  be  done.  You  will  oppress  the 
merchant,  you  will  distress  trade,  and  destroy  the  nursery 
of  your  seamen.  He  must  be  a  miserable  statesman,  M'ho 
voluntarily  by  the  same  act  increases  the  public  expence^ 
i^nd  lessens  the  means  of  supporting  it. 

Philo  Junius^ 


LETTER  LXIII. 


Oct.  22.  im, 

A  FRIEND  of  Junius  desires  it  may  be  observed 
fin  answer  to  A  Barrister  at  law), 

l77?o.  That  the  fact  of  Lord  Mansfield's  having  ordered 
i\  juryman  to  be  passed  by  (whicli  poor  Zeno  never  heard 
of)  jsnow  formally  admitted. 

When  Mr.  Benson's  name  v/as  called.  Lord  IMansfield 
•was  observed  to  flush  in  the  face  (a  signal  of  guiit  not  un- 
common with  him), and  cried  out,"  Pass  him  by."  This  I 
take  to  be  something  more  than  a  peremptory  challenge. 
It  is  an  unlawful  conimaiKl,  without  any  reason  assigned. 
That  the  counsel  did  not  resist,  is  true ;  but  this  might 
liappen  either  from  inadvertence,  or  a  criminal  complais 
ance  to  Lord  Mansfield.  You  barri^;tcrs  are  too  apt  to  be 
civil  to  my  Lord  Chief  Justice,  at  tlie  expence  of  your 
clients. 

2go,  Junius   did  never  say   that  Lord  Mansfii-ld  hs^d  de? 

royed  the  liberty  of  the  press.       "  That  his  :  .'ri  has 

'  laboured  to  destroy, — that  iiis  doctrine  is  an  aiiack  upon 
"^^  the  liberty  of  tlie  press,— that  it  is  an  invasion  of  the 
"  right  of  juries,"  are  tiie  propositions  maintained  by  Junius. 
His  opponents  never  answer  liim  in  point,  for  they  never 
meet  him  fairly  upon  his  ov/n  ground. 

S/fo,  Lord  Mansfield's  policy,  in  endeavouring  to  screen 
his  unconstitutional  doctrines  behmd  an  act  of  the  legis- 
lature, is  easily  understood. — Let  every  P^nglishman  stand 
upon  his  guard; — the  right  of  juries  to  return  a  general 
verdict,  in  all   cases  wliatever,  is  a  part  cf  oiir  coijstitu- 


;:355 

don.  It  stands  in  no  need  of  a  bill?  either  enacting  or  de- 
claratory, to  confimi  it. 

4ro,  With  regard  ta the  Grosvenor  cause,  it  is  peasant 
to  observe,  that  the  doctrine,  attributed  by  'Junius  to  Lord" 
Mansfield,  is  admitted  by  Zeno  and  directly  defended. 
The  barrister  has  not  the  assurcince  to  deny  it  flatly  ;  bur 
he  evades  the  charge,  and  softens  the  doctrine  by  such 
poor  contemptible  quibbles,  as  cannot  impose  upon  the 
meanest  understanding. 

Stoj  The  quantity  of  business  in  the  Co^^rt  of  King's 
Bench  proves  nothing  but  tl:e  litigious  spirit  of  the  people, 
arising  from  the  great  increase  of  wealth  and  commerce, 
rhese,  however,  are  now  upon  the  decline,  and  will  soon 
leave  nothing  but  law-suits  behind  them.  WheA  Junius  af- 
firms that  Lord  Mansfield  has  laboured  to  alter  the  system  of 
jurisprudence  in  the  court  where  his  Lordship  presides,  he 
speaks  to  those  who  are  able  to  look  a  little  farther  than  the 
vulgar,  liesides,  that  the  multitude  are  easily  deceived  by 
the  imposing  names  of  equity  and  substantial  justice,  it 
does  not  follow  that  a  judge  who  introduces  into  his 
court  new  modes  of  proceeding,  and  new  principles  of ♦  law, 
intends,  in  every  instance,-  to  decide  unjustly.  Why 
should  he,  where  he  has  no  interest  !-*-We  say  that  Lord 
Mansneld  is  a  bad  man,  and  a  w^orsc  j.udge  ; — but  we  do  n^- 
-.ay  that  he  is  a  mere  devil.  Our  adversaries  would  fai 
reduce  us  to  the  diiiiculty  of  proving  too  much. — This  ar- 
tifice, however,  shall  not  avail  him.  The  truth  of  the 
matter  is  plainly  this.  When  Lord  Mansfield  has  su-. 
ceeded  in  his  scheme  of^changing  a  court  of  common  law  ; 
a  court  of  equity,  he  will  have  it  iahis  power  to  do  injusiic-;-, 
whenever  he  thinks  proper.  This,  though  a  wicked  purpose  > 
^^  neither  absurd  lo<'  unattainable. 

6/0,  The  last  paragraph,  relative  to  Lord  Chatham's  cause 
cannot  be  ansv»'ered.  It  partly  refers  to  facts  of  too  secret 
a  nature  to  be  ascertained,  and  partly  is  unintelligible^ 
**  Upon  one  point,  the  cause  is   decided  against  Lord  Chat?- 

^'  ham. — Upon  another  point,  it  is  decided  for  him."- 

Both  the  law  and  the  language  are  well  suited  to  a  barris- 
ter 1 — If  I  have  any  guess  at  this  honest  gentleman's  mean- 
inc;,  it  is,  that,  "  w^hereas  the  commissioners  of  the  great 
''  seal  saw  the  question  in  a  point  of  view  unfavourable 
*' to    Lord  Chatham,     and     decreed   accordingly.. Lord 


236 


^*  Mansneld,  out  of  sheer  love  and  kindness  to  Lord  Chut- 
^'  ham,  took  the  pams  to  place  it  in  a  point  of  view  more 
^'  fcivourable  to  the  appellant. — Ci^edat  Judiis  AjifieUu- 
So  curious  an  assertion  v/ould  stagger  the  fiuth  of  Mr.  Sylv;; 


LETTER  LXIV. 


Kov.  2.  1771 
We  are  desired  to  make  the  following  deciara- 
■on,  in  behalf  of  Junius,   upon  three  material   points,  OQ 
hich  his  opinion  has  been  mistaken  or  misrepresented. 
I.'/zc,  JiUiius  considers   the  right  of  taxing  the  colonies, 
\-  an  act  of  the   British  legislature,  as  a  speculative  right 
-crely,   never  to  be  exerted,   nor   ever  to  be  renounced. 
:  his  judgement   it  appears   plain,"  That   tlie   general 
cnings  which    were  employed   against   that  power, 
^-  went  directly  to  our  whole  legislative  right,  and  that  one 
^*  part  of  it  could  not|  be  yielded  to  such  arguments,  with- 
'^  out  a  virtual  surrender  of  ail  the  rest." 

2r/o,  That,  with  regard  to  press-warrants,  his  arp-u- 
nient  should  be  taken  in  his  own  words,  and  answered 
strictly ; — that  comparisons  may  sometimes  illustrate,  but 
prove  nothing  ;- — and  that,  in  this  case,  an  appeal  to  the 
passions  is  unfair  and  unnecessary.  Junius  feels  and  ac- 
knowledges the  evil  in  the  most  express  terms,  and  will 
show  himself  ready  to  concur  in  any  rational  plan  that 
may  provide  for  the  liberty  of  the  individual,  without  ha- 
zarding the  safety  of  the  community.  At  the  same  time, 
he  expects  that  the  evil,  such  as  it  is,  be  not  exaggerated 
or  misrepresented.  In  general,  it  is  not  unjust,  that,  whea 
the  rich  man  contributes  his  wealth,  the  poor  man  should 
serve  the  state  in  person  ; — otherwise  the  latter  contri- 
butes nothing  to  the  defence  of  that  law  and  constitution 
from  which  he  demands  safety  and  protection.  But  the 
question  does  not  lie  between  rich  and  poor.  The  laws 
of  England  make  no  such  distinctions.  Neither  is  it  true 
that  the  poor  man  is  torn  from  the  care  and  support  of  a 
wife  and  family,  helpless  without  him.  The  single  ques- 
tion is,  Vv  hether  the  seaman^,  in  times  of  public  dan- 
ger, shall  serve  the  merchant  or  the  state,  in  that  profes- 
sion to  which  he  was  bredj   and  by  the  exercise  of  which 


f  237 

aloiif ,  he  can  honestly  support  himself  and  his  family  i — . 
General  arguments  against  the  doctrine  of  necessity,  and 
the  dangerous  use  that  may  be  made  of  it,  are  of  no 
weight  in  this  particular  case.  Necessity  includes  the  idea 
of  inevitable.  Whenever  it  is  so,  it  creates  a  law  to 
which  all  positive  Jaws  and  all  positive  rights  must  gi\ ; 
way.  In  this  sense,  the  levy  of  ship-money  by  the  King'^, 
warrant,  was  not  necessary,  because  the  business  might 
have  been  as  well  or  better  done  by  parliament.  If  the 
doctrine  maintained  by  Junius  be  confined  within  this  li- 
iiiitaiion,  it  will  go  but  very  little-  way  in  support  of 'ar- 
bitrary power.  That  the  King  is  to  judge  of  the  occa- 
sion, is  no  objection,  unless  we  are  told  how  it  can  possi- 
bly be  otherwise.  There  are  other  instances,  not  less  im  - 
portant  in  the  exercise,  nor  less  dangerous  in  the  abuse 
in  which  the  constitution  relies  entirely  upon  the  King's 
judgment.  The  executive  jx)wer  proclaims  war  cUid  peace, 
binds  the  nation  by  treaties,  orders  general  embargoesj 
and  imposes  quarantines  ;  not  to  mention  a  multitude  of 
prerogative  writs,  which,  though  liable  to  the  greatest 
abuses,  were  never  disputed. 

3//'9,  It  has  been  urged  as  a  reproach  to  Junius,  that  he 
has  not   delivered  an  opinion   upon  the  game   laws,  and 
particularly  the  late  dog  act.     But  Junius  thinks  he  hv.. 
much  greater  reason  to  complain,  that  he  is  never  assist- 
ed by  those  who  are  able  to  assist  him  ;  and  that  almost 
he  whole  labour  of  the  press  is  thrown  upon  a  single  hand 
rom  which  a  discussion  of  every  public  question  what- 
soever is   unreasonably   expected.     He  is  not  paid  for  his 
labour,   and   certainly  Jias  a  right  to   choose  his  employ- 
ment.—As   to  the  game  laws,   he  never  scrupled  to  de- 
clare  his  opinion,   than  they    are  a  species  of  the  forest 
laws;    that  they  are  oppressive  to  the  subject;    and  that 
~^i\e  spirit  of   tliem  is   iuco^r~;    ''V     v  "  h   legal  liberty:—. 
hut  the   penalties  impose-l  .rws,   bear  no  pro- 

portion to  the  nature  of  t,J.e  oilLnce  ;  that  the  mode  of 
trial  and  the  degree  and  kind  of  evidence  necessary  to 
convict,  not  only  deprive  the  su  jeet  of  all  the  benefit 
of.  a  trial  by  a  jury,  but  are  in  themselves  too  summary, 
and  to  the  kifit  degree  arbitrary  and  oppressive :  that,  in 
particular,  the  late  acts  to  prevent  dog-stealing,  or  kiUing" 
game  between  sun  and  sun,  are  distinguished  by  their  ab- 

u   2 


surdity,  extravagance,  and  pernicious  tendency.  If  thes-. 
terms  are  weak  or  ambii^nous,  in  what  language  can  Ju 
nius  express  himself? — It  is  no  excuse  for  Lord  Mansfield 
to  say,  that  he  happened  to  be  absent  when  these  bills 
passed  the  house  of  i^ords.  It  was  his  duty  to  be  present. 
Such  bills  could  never  have  passed  the  House  of  Com- 
mons without  his  knowledge.  But  we  very  well  know  by 
what  rule  he  regulates  his  attendance.  \Mien  that  order 
was  made  in  the  House  of  Lords,  in  the  case  of  Lord 
Pomfret,  at  which  every  Engiisiiman  shudders,  my  ho- 
nest Lord  Mansfield  found  himself  by  mere  accident,  in 
the  Court  of  King's  Bench :-- -Otiierwise,  he  would  have 
done  wonders  in  defence  of  lav/  and  property  I  The  piti- 
ful evasion  is  adapted  to  the  character.  But  Junius  will 
never  justify  himself  by  the  example  of  this  bad  man. 
The  distinction  between  doii.^^  v,  ici>[2  and  avoiding  to  d» 
right,  belongs  to  Lord  Mansfield.     Junius  disclaims  it. 


LETTER  LXY. 

TO    LOUD    CHIEF     JUSTICE    MANSFIELD. 

Nov.  2.  1771 0 

At  the  intercession  of  three  of  your  country 
nien,  you  have  bailed  a  man  who,  I  presum.e,  is  also  a 
Scotchman^  and  whom  the  Lord  Mayor  of  London  had 
refused  to  bail.  I  do  not  mean  to  enter  into  an  examination 
of  tlie  partial,  sinister  motives  of  your  conduct ;  butj 
confining  myself  strictly  to  the  fact,  I  affirm  that  you 
have  done  that  which  by  lav/  you  v/ere  not  warranted  to 
do.  The  thief  was  taken  in  the  theft ; — ^the  stolen  goods 
•were  found  upon  him,  and  he  made  no  defence.  In  these 
circumstances  (the  truth  of  which  you  dare  not  deny,  be- 
cause it  is  of  public  notoriety),  it  could  not  stand  indif- 
ferent, whether  he  v/as  guilty  or  not,  much  less  could 
there  be  any  presumption  of  his  innocence  ;  and  in  these 
circumstances,  I  ainrm,  in  contradiction  to  You,  Lord 
Chief  Justice  Maxsfield,  that  by  the  laws  of  England, 
he  was  not  bailable.  If  ever  Mr.  Eyre  should  be  brought 
to  trial,  we  shall  hear  what  you  have  to  say  for  yourself; 
and  I  pledge  my^elf^   before   God  and  my   country^    m 


25^ 

proper  time  and  place,  to  make  good  my  charge  agaHis 
you. 

JVNIUS^ 


LETTER  LXVL 


TO    THE    PRINTER    OF    THE    PUBLIC     ADVERTISER. 

Nov  9.  im. 

Junius  engages  to  make  good  his  charge  against 
Lord  Chief  Justice  Mansfield  some  time  before  the  meet- 
ing of  parliament,  in  order  that  the  House  of  Commons 
may,  if  ti)ey  think  proper,  make  it  one  article  in  the  im^ 
peachment  of  the  said  Lord  Chief  Justice* 


LETTER   LXVIL 


TO  HIS  GRACE  THE  DUKE  OF  GRAFTON. 

:AY  lord,  Nov.  27.  1771. 

What  is  the  reason,  my  Lord,  that  when  almost 
every  man  in  the  kingdom,  without  distinction  of  princi- 
ples or  party,  exults  in  the  ridiculous  defeat  of  Sir  James 
Lowther  ;  when  good  and  bad  men  unite  in  one  commoi< 
opinion  of  that  baronet,  and  triumph  in  his  distress,  as  ii 
the  event  (without  any  reference  to  vice  or  virtue)  were 
interesting  to  human  nature  ;  your  Grace  alone  should 
appear  so  miserably  depressed  and  alRicted  ?  In  such  uni- 
versal joy,  1  know^  not  where  you  will  look  for  a  com 
pliment  of  condolence,  unless  you  appeal  to  the  tender^, 
sympathetic  sorrows  of  Mr.  Bradshaw, .  That  cream-co° 
loured  gentleman's  tears,  affecting  as  they  are,  carry  con^ 
solation  with  them.  He  never  weeps  but,  like  an  April 
shower,  with  a  lambent  ray  of  sunshine  upon  his  couu" 
tenance.  From  the  feelings  of  horicst  men  upon  this  joy- 
ful occasion,  I  do  not  mean  to  draw  any  conclusion  to 
your  Grace.  They  naturally  rejoice  when  they  see  a  sig- 
nal instance  of  tyranny  resisted  with  success  j—r-of  treache- 
ry exposed  to  the  derision  of  the  world  ; — an  infamous  in,- 
former  defeated,  and  an  impudent  robber  dragged  to  the 
public  gibbet. — But,  in  the  other  class  of  mankind,  I  owa 
I  ex^^ected  to  mt;et  the  Duke  of  Grafton.     Men. who  have 


260 

mo  regard  for  justice,  nor  any  sense  of  honour,  seem  a*» 
lieartily  pleased  with  Sir  James  Lowther's  well-deserved 
punishment,  as  if  he  did  not  constitute  an  example  against 
themselves.  The  unliappy  baronet  has  no  friends,  even 
among  those  who  resemble  him.  You,  my  Lord,  are  not 
teduced  to  so  deplorable  a  state  of  dereliction.  Every 
villain  in  the  kingdom  is  your  friend  ;  and  in  compliment 
to  such  amity,  I  think  you  should  suffer  your  dismal  coun- 
tenance to  clear  up.  Besides,  my  Lord,  1  am  a  little  anx- 
ious for  the  consistency  of  your  character.  You  violate 
your  own  rules  of  decorum,  when  you  do  not  insult  the 
man  whom  you  have  betrayed. 

The  divine  justice  of  retribution  seems  now  to  have  be- 
gun its  progress.  Deliberate  treachery  entails  punishment 
upon  the  traitor.  Tiiere  is  no  possibility  of  escaping  it, 
even  in  the  highest  rank  to  which  the  consent  of  society 
can  exalt  the  meanest  and  worst  of  men.  The  forced,. 
unnatural  union  of  Luttrell  and  Middlesex  was  an  omen 
of  another  unnatural  union,  by  whicli  iridefeasible  infamy 
is  attached  to  the  house  of  Brunswick.  If  one  of  these 
acts  was  virtuous  and  honourcibk,  the  best  of  princes,  I 
thank  God,  is  happily  rev/-uxled  for  it  by  the  other. — 
rour  Grace,  it  has  been  said,  had  some  share  in  recom- 
r.ending  Colonel  Luttrell  to  the  King  ; — or  was  it  only 
the  gentle  Bradshaw  who  made  himself  answerable  for  the 
good  behaviour  of  his  friend?  An  intimate  connection 
has  long  subsisted  between  him  and  the  worthy  Lord 
Irnham.  It  arose  from  a  fortunate  similarity  of  princi- 
ples, cemented  by  the  constant  mediation  of  their  common 
iriend  Miss  Davis  ^. 

Yet  I  confess  L  should  be  sorry  that  the  opprobrious  in 
famy  of  this  match  should  reach  beyond  the  family. — We 
have  now  a  better  reason  than  ever  to  pray  for  the  long 
life  of  the  best  of  princes,  and  the  v/e-iaie  of  his  royal 
issue. — I  will  not  mix  any  thin:,^  oroiiiOUi  v/ith  my 
prayers  ; — -but  let  parliament  look  to  it= — A  Luttrell  shall 
never  succeed  to  the  crown  of  England. — If  the  her'-ditury 
virtues  of  the  family  deserve  a  kingdom,  Scotland  vrill  be 
a  proper  retreat  for  them. 

The  next  is  a  most  remarkable  iiiStai^.ce  cf  the  goodness 
of  providence.  -'hi',  just  lav/  of  retaliation  !u\s  at  last 
overtaken  the  littie  contemptible  tvrant  of  the  north.     To 


26  i 

the  son-in-law  of  your  dearest  friend  the  Earl  of  Bute  you 
meant  to  transfer  the  Duke  of  Portland's  property  ;  and 
you  hastened  the  grant  with  an  expedition  unknown  to 
the  Treasury,  that  he  might  have  it  time  enough  to  give  a 
decisive  turn  to  the  election  for  the  county.  The  imme- 
diate consequence  of  this  flagitious  robbery  was,  that  he 
4ost  the  election  which  you  meant  to  ensure  him,  and 
%vith  such  signal  circumstances  of  scorn,  reproach,  and  in- 
sult (to  say  nothing  of  the  general  exultation  of  all  par- 
ties), as  (excepting  the  King's  brother-in-law  Colonel  Lut- 
trell,  and  old  Simon  his  father-in-law)  hardly  ever  fell  up- 
•n  a  gentleman  in  this  country. — In  the  event,  he  loses 
the  very  property  of  which  he  thought  he  had  gotten  pos- 
session, and  after  an  expence  which  would  have  paid  the 
value  of  the  land  in  question  twenty  times  over. — The 
forms  of  villainy,  you  see,  are  necessary  to  its  success. 
Hereafter  you  will  act  with  greater  circumspection,  and 
not  drive  so  directly  to  your  object.  To  snatch  a  graci 
beyond  the  reach  of  common  treachery,  is  an  exception, 
not  a  rule. 

And  now,  my  good  Lord,  does  not  your  conscious 
heart  inform  you,  that  the  justice  of  retribution  begins  to 
operate,  and  that  it  may  soon  approach  your  person  ?— 
Do  you  think  that  Junius  has  renounced  the  Middlesex 
election  ? — Or  that  the  King's  timber  shall  be  refused  to  the 
Royal  Navy  with  impunity  ^ — Or  that  you  shall  hear  no 
more  of  the  sale  of  that  patent  to  Mr.  Hine,  which  you 
endeavoured  to  screen  by  suddenly  dropping  your  prose- 
cution of  Samuel  Vaughan,  when  the  rule  against  him 
was  made  absolute  ?  I  believe,  indeed,  there  never  was 
such  an  instance  in  all  the  history  of  negative  impudence. 
— But  it  shall  not  save  you. — The  very  sunshine  you  live 
in  is  a  prelude  to  your  dissolution.  When  you  are  ripe, 
you  shall  be  plucked, 

JUN1U§\ 

P.  S.  I  beg  you  will  convey  to  our  gracious  master  my 
humble  congratulations  upon  the  glorious  success  of 
peerages  and  pensions,  so  lavishly  distributed  as  the  re- 
wards of  Irish  virtue. 


^6^ 


LETTER   LXVIII. 

lO    LORD    CHIEF     JUSTICE    MxVNSFIELD. 

Jan.  21.  irr^ 

I  HAVE  undertaken  to  prove,  that  when,  at  the 
intercession  of  three  of  your  coantrymen,  you  bailed  Joiin 
Eyre,  you  did  that  which  by  law  you  were  not  warranted 
to  do  ;  and  that  a  felon,  under  the  circumbtunceb  oi  being 
taken  in  the  fact,  with  the  stolen  gooas  upoii  him,  and 
making  no  defence,  is  not  bailable  by  ihc  ikws  of  Eng- 
land. Your  learned  advocates  have  charge 
into  a  denial  that  the  Court  of  Kin;-  .  ..,.....,,  .^.  ....  j'jdges 
of  that  court  during  the  vacation,  have  any  greaier  uuthq- 
rity  to  bail  for  criminal  offences  than  a  justice  of  peace.^ 
With  the  instance  before  nie,  1  am  supposed  to  v|uestioTi 
your  power  of  doing  wrong,  and  to  dc  .  -u^fice  of 
a  power  at  the  same  moment  that  1  an-.  -.  ..^al  ex- 
ercise of  it.  But  the  opinions  of  such  liiv-n,  Ayhttier  v/il- 
fui  in  their  malignity,  or  sincere  in  their  ignorance^  a^'e  un- 
worthy of  my  notice,  lou,  Lord  Mansrleid,  dia  not  un- 
derstand me  so ;  and,  I  promise  you,  your  cause  requires 
an  abler  defence. — I  am  nov/  to  make  good  my  charge 
against  you.  However  dull  my  argument,  the  subject  of 
it  is  interesting.  I  shall  be  honoured  with  the  attention  of 
the  public,  and  have  a  right  to  demand  the  attention  of 
the  legislature.  Supported  as  I  am  by  the  whole  body  of 
the  criminal  law  of  England,  I  have  no  doubt  of  establish- 
ing my  charge.  If,  on  your  part,  you  should  have  no 
plain  substantial,  defence,  but  should  endeavour  to  shelter 
yourself  under  the  quirk  and  evasion  of  a  practising  law- 
yer, or  vmder  the  mere  insulting  assertion  of  power  with- 
out right,  the  reputation  you  pretend  to  is  gone  for  ever ; 
—you  stand  degraded  from  the  respect  and  authority  of 
your  office,  and  are  no  longer  de  jure^  Lord  Chief  Justice 
of  England.  This  letter,  my-  Lord,  is  addressed,  not  so 
inuch  to  you,  as  to  the  public.  Learned  as  you  are,  and 
quick  in  apprehension,  few  arguments  are  necessary  to  sa- 
tisfy you,  that  you  have  done  that  which  by  law  you  were 
not  w^arranted  to  do.  Your  conscience  already  tells  you, 
that  you  have  sinned  against  knowledge,  and  that  what- 
ever defence  you  make  contradicts  your  own  internal  con- 


•^u.Lion.  But  other  men  are  willing  enough  to  take  the 
law  upon  trust.  They  rely  upon  your  authority,  because 
they  are  too  indolent  to  search  tor  information ;  or,  con- 
ceiving that  there  is  some  mystery  in  die  laws  of  their 
country,  which  lawyers  only  are  qualltied  to  explain,  they 
distrust  their  judgement,  and  voluntarily  renounce  the 
right  of  thinking  for  themselves.  VVlth  ail  the  evidence  of 
history  before  them,  from  Tresilliati  to  Jefferies,  from  Jefie- 
rics  to  Mansfield,  they  will  not  believe  it  possible  that  a 
learned  judge  can  act  in  direct  contradiction  to  those  laws, 
which  he  is  supposed  to  have  made  the  study  of  his  life, 
and  which  he  has  sworn  to  administer  faithfully.  Super- 
stition is  certainly  not  the  characteristic  of  this  age.  Yet 
some  men  are  bigotted  in  politics  who  are  infidels  in  re- 
ligion.— 1  do  not  despair  of  making  them  ashamed  of  their 
credulity. 

The  charge  I  brought  against  you  is  expressed  in  terms 
guarded  and  well  considered.  They  do  not  deny  the  strict 
power  of  the  judges  of  the  Court  of  King's  Bench  to  bail 
in  cases  not  bailable  by  a  justice  of  peace,  nor  rcplevisable 
by  the  common  writ,  or  ex  ojjicio  by  the  shcnfF.  I  well 
know  the  practice  of  the  court,  and  by  what  legal  rules  it 
ought  to  be  directed.  But,  far  from  meaning  to  soften  or 
diminish  the  force  of  those  tenuis  I  have  made  use  of,  I 
now  go  beyond  them,  and  affirm, 

I.  That  the  superior  power  of  bailing  for  felony,  claim- 
ed by  the  Court  of  King's  Bench,  is  fotmded  upon  the  opi- 
nion of  lawyers,  and  the  practice  of  the  court; — that  the 
assent  of  the  legislature  to  this  power  is  merely  negative, 
and  that  it  is  not  supported  by  any  positive  provision  in  any 
statute  whatsoever. — If  it  be,  produce  the  statute. 

II.  Admitting  that  the  judges  of  the  Court  of  King's 
Bench  are  vested  with  a  discretionary  power  to  examine 
and  jtidge  of  circumstances  and  allegations  which  a  jus- 
tice of  peace  is  not  permitted  to  consider,  I  affirm  that  the 
judges,  in  the  use  and  application  of  that  discretionary 
power,  are  as  strictly  bound  by  the  spirit,  intent,  and 
meanin{^,  as  the  jusiice  of  peace  is  by  the  words,  of  the 
legislature.  Favourable  circumstances,  alledged  before  the 
judge,  may  justify  a  doubt  whether  the  prisoner  be  guilty 
or  not ;  and,  where  the  guilt  is  doubtful,  a  prestimption 
'^f  innocence   should  in  ceneral  be  adniitteil.      But,  when 


:i64 

Skuy  such  probable  circumstances  arc  alledged,  they  ahcr  tli^ 
state  and  condition  of  the  prisoner*  He  is  no  longer  that 
lill-but-convicted  felon  whom  the  law  intends,  and  wiie 
by  law  is  not  bailable  at  ail.  If  no  circumstances  whatso- 
ever are  alledi^ed  in  his  favour  ; — if  no  allegation  whatso* 
ever  be  made  to  lesson  the  force  of  tnat  evidence  which 
the  law  annexes  to  a  positive  charge  of  felony,  and  parti- 
cularly to  the  fact  of  being  taken  with  the  maner  ;  1  then 
say,  that  the  Lord  Chief  Justice  of  England  has  no  more 
right  to  bail  him  than  a  justice  of  peace.  The  discretion 
of  an  I.nglish  judge  is  not  of  mere  will  and  pleasure  ; — it 
is  not  arbitn\ry  ; — it  is  not  capricious  :-  but,  as  that  great 
lawyer  (wiiose  authority  I  wish  you  respected  half  as  mucii 
as  I  do)  truly  says^,  '^  Discretion,  taken  as  it  ought  to  be, 
•^'  is,  discernere  fier  legem  quid  sit  justum.  If  it  be  not  di- 
'^  rected  by  the  right  line  of  the  law,  it  is  a  a  crooked  cord, 
^*  and  appeareth  to  be  unlawful.''^ — If  discretion  were  ar- 
bitrary in  the  judge,  he  might  introduce  whatever  novel- 
ties he  thought  proper.  But,  says  Lorci  Coke,  "  Novel- 
"  ties,  without  warrants  of  precedents,  are  not  to  be  al- 
'Howed ;  some  certain  rules  are  to  be  followed; — Quic- 
"  quid  judicis  uuthoritati  subjicitur^  novitati  iion  sitbjicitur  :^^ 
and  this  sound  doctrine  is  applied  to  the  Star-chamber,  a 
court  confessedly  arbitrary.  If  you  will  abide  by  the  au- 
thority of  this  great  man,  you  shall  haTe  all  the  advantage 
of  his  opinion,  wherever  it  appears  to  favour  you.  Except- 
ing the  plain  express  meaning  of  the  legislature,  to  wlach 
all  private  opinions  must  give  way,  I  desire  no  better  judge 
between  us  than  Lord  Coke. 

III.  I  affirm,- that,  according  to  the  obvious  indisputable 
meaning  of  the  legislature,  repeatedly  expressed,  a  person 
positively  charged  with  feloniousiy  stealing,  and  taken  iji 
jiagrante  delicto^  with  the  stolen  goods  upon  him,  is  not 
bailable.  The  law  considers  him  as  difFcring  in  no- 
thing from  a  convict,  but  in  the  fona  of  conviction ; 
and  cv/hatever  a  corrupt  judge  may  do'  will  accept  of 
no  security  but  the  confinemerr  of  his  body  wiil-in  four 
avails.  I  know  it  has  been  ah-dt- i:.l  in  your  favour,  that 
you  have  often  bailed  for  murders,  rapes,  and  other 
manifest  crimes.  Without  questiorJng  the  fact,  I  shall 
not  admit  that  you  are  to  be  justified  by  your  own  ex- 
ample.    If  that  were  a  protection  to   you?  Vil^ere   i?^  the 


v.iiinej  that  as  a  judge,  you  might  not  now  securely  cfttti- 
mit?  But  neither  shall  I  suffer  myself  to  be  drawn  aside 
fiom  my  present  argument,  nor  you  to  profit  by  your  own 
wrong. — To  prove  the  meaning  and  intent  of  the  legisla- 
ture, will  require  a  minute  and  tedious  deduction.  To 
investigate  a  question  of  law,  demands  some  labour  and 
attention  :  though  very  little  geiiius  or  sagacity.  As  a 
practical  profession,  the  study  of  the  law^  requires  but  a 
moderate  portion  of  abiiifies.  The  learning  of  a  pleader 
is  usually  upon  a  level  with  his  integrity.  The  indiscri- 
minate defence  of  right  and  Avrong  contracts*  the  un- 
derstanding, while  it  corrupts  the  heart.  Subtlety  is  soon 
mistaken  for  wisdom,  and  impunity  for'virtiie.  If  there 
be  any  instances  upon  record,  as  some  there  are  undoubt- 
edly, of  genius  and  morality  united  in  a  lawyer,  they  are 
distinguished  by  their  singularity,  and  operate  as  excep- 
tions. 

I  must  solicit  the  patience  of  my  readers.  This  is  no  light 
matter;  nor  is  it  any  more  susceptible  of  ornament,  than 
the  conduct  of  Lord  Mansfield  is  capable  of  aggravation. 

As  the  law  or  bail,  in  charges  of  felony,  has  been  ex- 
actly ascertained  by  acts  of  the  legislature,  it  is  at  present 
of  little  consequence  to  enquire  how  it  stood  at  common 
law  before  the  statute  of  Westminster.  And  yet  it  is  worth 
the  reader's  attention  to  observe,  how  nearly,  in  the  ideas 
of  our  ancestors,  the  circumstance  of  being  taken  with  the 
maner  approached  to  the  conviction  of  the  felon  ^  It 
*^  fixed  the  authoritative  stamp  of  verisimilitude  upon  th^ 
"  accusation  ;  and,  by  the  common  law,  when  a  thief  was 
^^  taken  with  the  maner  (that  is,  with  the  thing  stolen  upon 
"  him,  in  ma7iujj  he  might,  so  ditttc\.tid  fa  grant  e  delicto^  be 
•^  brought  into  court,  arraigned  and  tried,  without  in- 
♦•  dictment ;  as,  by  the  Danish  law,  he  m;ight  be  taken 
-' and  hanged  uponthe  spot,  without  accusation  or  trial." 
It  will  soon  appear  that  our  statute-law,  in  this  behalf, 
thougli  less  summary  in  poiiit  of  proceeding,  is  directed  by 
the  same  spirit.  In  one  instance,  the  very  form  is  adhered 
to.  In  ofiences  relating  to  the  forest,  if  a  man  was  taken 
with  vert  ^,  or  venison,  it  was  declared  to  be  equivalent  to 
indictment.  To  enable  the  reader  to  judge  for  himself,  I 
Mali  state,  in  due  order,  the  several  statutes  relative  to  bail 
criminal  cases,   or  as  much  of  them,  as  may  be  material 


to  the  point  in  question,  omitting  superfluous  Avords.      It^ 
I  misrepresent,   or  do  not  quote  with  fidelity,  it  -vviU  not  = 
difficult  to  detect  me.  ■         ,  ,    - 

^  The  statute  of  Westminster  the  first,  in  li75,  sets>^ 
forth,  that"  Forasmuch  as  sheriffs  and  others,  "vv  ho  hav« 
*^  taken  and  kept  in  prison  persons  detected  of  felony, 
**  and  incontinent  have  let  out  by  replevin  such  as  were 
**  not  rcplevisable,  because  they  would  gain  of  the  one 
^*  party  and  grieve  the  other ;  and  forasmuch  as,  before 
*^  this  time,  it  was  not  determined  which  persons  were 
^'rcplevisable,  and  which  not,  it  is  provided,  and  by  the 
"•^  king  commanded,  that  such  prisoners,  Sec.  as  be  taken 
"  with  the  maner,  &c.  or  for  manifest  offences,  shall  be  in 
"^  no  wise  rcplevisable  by  the  common  writ,  nor  without 
"''  writ  ^,** — Lord  Coke,  in  his  exposition  of  the  last  part 
of  this  quotation,  accurately  distinguishes  between  replevy 
l)y  the^  common  writ,  or  ex  officio^  and  bail  by  the  King-6 
Bench.  The  v/ords  of  the  statute  certainly  do  not  ex- 
'tend  to  the  judges  of  that  court.  But,  besides  that  the 
reader  will  soon  find  reason  to  think  that  the  legislature, 
in  their  intention,  made  no  difference  between  bailable 
and  rcplevisable,  Lord  Coke  himself  (if  he  be  understood 
to  mean  nothing  but  an  exposition  of  the  strvtute  of  West- 
minster, and  not  to  state  the  law  generally,  does  not  ad- 
here to  his  ov/n  distinction.  In  expounding  the  other 
offences,  which,  by  this  statute,  are  declared  not  rcple- 
visable,  he  constantly   uses  the  words  not  bailable. 

"  Tliat  outlaws,  for  instance  are  not  bailable  at  all  ;— 
^^  that  persons  who  have  abjured  the  realm,  are  attainted 
"upon  their  own  confession,  and  therefore  not  bailable 
'^^  at  all  by  law; — that  provers  are  not  bailable; — that 
"  notorious  felons  are  not  bailable.*'  The  reason  why 
th<i  superior  courts  were  not  named  in  the  statute  of 
Westminster,  was  plainly  tliis,  "  because  anciently  most 
"  of  the  business  touching  bailment  of  prisoners  for  fe-, 
"  lony  or  misdemeanors,  was  performed  by  the  sheriffs^ 
''  or  special  bailiffs  of  liberties,  either  by  writ,  or  -virtutt, 
"  officii  "^  ;"  consequently  the  superior  courts  had  little  or 
no  opportunity  to  commit  tb^ose  abuses  which  the  statute 
imputes  to  the  sherirfs — With  submission  to  Dr.  Biack- 
Htone,  I  think  he    .  I't^n  into  a  contradiction;  which, 

in  terms  at  least,   u/'^.a..  irreccncilcable.     After  enume- 


r^ating  several  offences  not  bailable,  he  asserts,  without 
any  condition  or  limitation  wliatsoever  °,  "  All  these  are 
*'  clearly  not  admissible  to  bail/'  Yet.  in  a  few  lines- 
after,  he  says,  "  it  is  agreed  that  the  Court  of  King's 
**  Bench  may  bail  for  any  crime  whatsoever,  according; 
•'  to  circumstances  of  the  case/'  To  his  first  proposition 
he  should  liave  added,  by  Sherilfs  or  Justices :  otherwise 
the  two  propositions  contradict  each  other  ;  with  thisdif-^ 
ference,  however,  that  the  first  is  absolute,  the  second 
limited  by  a  consideration  of  circumstances.  I  say  this 
without  the  least  intended  disrespect  to  the  learned  author. 
His  work  is  of  public  utility  and  should  not  hastily  be  con- 
demned. 

The  statute  of  i7th  Richard  II.  cap.  1393,  sets 
forth,  that  ^'  Forasmuch  as  thieves  notoriously  defamed, 
^^  and  others  taken  with  the  maner,  by  their  long  abiding 
"  in  prison,  were  delivered  by  charters,  and  favourable 
"  inquests  procured,  to  the  great  hinderance  of  the  people,  * 
"  two  men  of  law  shall  be  assigned,  in  every  commission 
"  of  the  peace,  to  proceed  to  the  deliverance  of  such 
"  felons,"  occ.  It  seems  by  this  act,  that  there  was  a 
constant  struggle  between  the  legislature  and  the  officers 
of  justice.  Not  daring  to  admit  felons  taken  with  the 
maner  to  ball  or  mainprise,  they  evaded  the  law  by  keep- 
ing the  party  in  prison  a  long  time,  and  then  delivering 
him  without  due  trial. 

The  statute  of  1st  Richard  III.  in  1483,  sets  forth,  that 
'*  Forasmuch  as  divers  p;.'rsons  have  been  daily  arrested 
*'  and  imprisoned  for  suspicion  of  felony,  sometime  of 
**  malice,  and  sometime  of  a  light  suspicion,  and  so  kept. 
''  in  prison  without  bail  or  mainprise,  be  it  ordained, 
'^  that  every  justice  of  peace  shall  have  authority,  by  his 
"  discretion,  to  let  such  prij^oners  and  persons  so  arrested 
"  to  bail  or  mainprise.'-' — l]y  this  act  it  appears,  tha'. 
there  had  been  abuses  in  matter  of  imprisonment,  and 
that  the  legislature  meant  to  provide  for  the  immediate 
enlargement  of  persons  arrested  on  light  suspicion  of  fe- 
lony. 

The  statute  of  3d  Henry  Vlf.  in  1486,  declares,  that 
''  under  colour  of  the  preceding  act  of  Richard  the 
"^  Third,  persons,  such  as  were  not  mainpernable,  were 
^*  oftentimes  let  to  bail   or  mainprise  by  justices  of  tlic 


ien 


peace,  whereby  many  murderers  and  felcms  escapeci, 
the  king.,  S.-c.  hath  ordained,  that  the  justices  of  the 
peace,  or  two  of  tliem  at  least  (whereof  one  to  be  of 
the  quorum),  have  authority   to  let  any  such  prisoners 

Ox-   persons,  mainpernable  by  the   law,  to  bail  or  mui. 


jpize.' 


statute'  of  ^  1st   and    2d   of  Philip  and   Mary,  i 

nding  the  prec 
justice  of  peac 


^-'T-th,    that,    ^'  notwithstanding  the  preceding; 
icnry  the  SeveiUli,  one  justice  of  peace  hatb. 


'^  oittntim-js,  by  shiister  labour  and  means,  set  at  larg/e  ] 
*<  tlie  greatest  and  notablest  offenders,  such  as  be  not  re- ; 
"'  plevisable   by  the  laws  of  this  realm  ;  and  yet,  the  raH 

•  ther  to  hide  their^  affections  in  that  behalf,  have  signed' 
•'  the  cause  of  tlicir  apprehension  to  be  but  only  fo? 
''  suspicion  of  felony,  whereby  the  said  offenders  have 
"'  escaped  unpunished,  and  do  daily,  to  the  high  displea- 

'    sure  of  Almighty   God,  the  great  peril  of  the  king  and  • 
queen's  true  subjects,  and  encouragement  of  all  thieves 
■)     evil-doers;    for    reformation    v/hcrcof    be    it    en- 
.    Lcd,    diat    no    justices  of  peace    shall  let    to   bail  or 

•  mainprise  any   such   persons,  which,  for  an  offence  by 
'  them   committed,  be   declared  not  to  be  replevised,  or 

''  bailed,  or  be  forbidden  to  be    replevised    or    bailed    by 

'  the   statute  of  Westminster  the  first ;  and  furthermore, 

that  any  persons,    arrested   for    manslaughter,    felony^ 

being  bailable  by   the   law,  shall  not   be    let  to  bail  or 

•  mainprise  by  any  justices  of  peace,  but  in  the  form 
-'  therein  after  prescribed." — In  the  tvro  preceding  sta- 
'Utes,  the  words  bailable,  replevisable,  and  mainpernable, 

re  used  synonimously  ^,  or  promiscuously,  to  express  the 
::,ame  single  intention  of  the  legislature,  viz.  not  to  ac- 
cept of  any  security  but  the  body  of  the  offender  ;  and 
^vhen  the  latter  statute  prescribes  the  form  in  which  per- 
sons arrested  on  suspicion  of  felony  (being  bailable  by  the 
kuv)  may  be  let  to  bail,  it  evidently  supposes,  that  there 
are  some  cases  not  bailable  by  the  law. — It  may  be 
thought,  perhaps,  that  I  attribute  to  the  legislature  an  ap-  " 
pearance  of  inaccuracy  in  the  use  of  terms  merely  t® 
serve  my  present  purpose.  But  in  truth  it  v/oukh  make 
"ore  forcibly  for  my  argument,  to.  presume,  that  the  le- 
,:::s':dture  were  constantly  aware  of  the  strict  legal  distinc- 
tion   between    bail    and    replevy,    and    that    they  always 


meant  to  adhere  to  it^.  Tor  if  it  be  true  that  replevy  i^ 
by  the  sheriffs,  and  bail  by  the  higher  courts  at  West- 
minster (which  I  think  no  lawyer  will  deny),  it  follows, 
that-  When  the  legislature  expressly  says,  that  any  parti- 
cular offence  is  by  law  not  bailable,  the  superior  courts 
are  comprehended  in  the  prohibition,  and  bound  by  ir 
Otherwise,  unless  there  Wi*s  a  positive  exception  of  th( 
superior  courts  (which  I  afiirm  there  never  was  in  any 
statute  relative  to  bail),  the  legislature  would  grossly  con- 
tradict themselves,  and  the  manifest  intention  of  the  law 
be  evaded.  It  is  an  established  rule,  that  when  the  law 
is  special,  and  reason  of  it  general,  it  is  to  be  generally 
understood  ;  and  though  by  custom  a  latitude  be  allowed 
to  the  Court  of  King's  Bench  (to  consider  circumstances 
indtictive  of  a  doubt,  whether  the  prisoner  be  guilty  or 
innocent),  if  this  latitude  be  taken  as  an  arbitrary  power 
to  bail,  when  no  circumstances  whatsoever  are  alledged  in 
favour  of  the  prisoner,  it  is  a  power  without  right,  and  a 
daring  violation  of  the  whole  English  law  of  bail. 

The  act  of  the  3  1st  of  Charles  the  Second  (commonly 
called  the  Habeas  Corfius  act)  particularly  declares,  tha- 
it  is  not  meant  to  extend  to  treason  or  felony  plainly  and 
specially  expressed  in  the  warrant  of  commitment.  The 
prisoner  is  therefore  left  to  seek  his  habeas  corjms  at  com- 
mon law  ;  and  so  far  was  the  legislature  from  supposing 
that  peAons  (committed  for  treason  or  felony  plainly  and 
specially  expressed  in  the  warrant  of  commitment)  could 
be  let  to  bail  by  a  single  judge,  or  by  the  whole  courts 
that  this  very  act  provides  a  remedy  for  such  persons,  in 
.ise  they  are  not  indicted  in  tlie  course  of  the  term  or 
./cssions  subsequent  to  their  commitment.  The  law  nei" 
ther  suffers  them  to  be  enlarged  before  ti-ial,  nor  to  be 
imprisoned  after  the  time  in  which  they  ought  regularly 
to  be  tried.  In  this  case  the  law  says,  '^  It  shall  and  may 
*^  be  lawful  to  and  for  the  judges  of  the  Court  of  King'iS 
"  Bench,  and  justices  of  oyer  and  terminer,  or  generai 
*'  Lniol  delivery,  and  they  are  hereby  reqtiired,  upon  mo- 
•'  tioQ  to  them  made  in  open  court,  the  last  day  of  the 
•^  term,  setr:s!on,  or  goal  delivery,  cither  by  thtt  prisoner. 
'■^  or  any  one  in  his  behalf,  to  set  at  liberty  the  prisonej 
"  upon  bail ;  unless  it  appear  to  the  judges  and  justice; 
-^  -upon  oath  made,  that  the  witnesses  for  the  king  coul'' 


x 


270- 

not  be  produced  the'  same  term,  sessions,  or  gaol-do 
livery."— Upon  the  wjiole  of  this  artici^v  I  -  observe, 
i.  That  the  provision  made  in  the  first  part  of  .it,  rwou  Id 
be,  in  a  great  measure,  useless  and  nivgatory,  if  any;  single 
judge  might  have  bailed  the  prisoner  e^  a rdi trio  during 
the  vacation;  or  if  the  court  might  have  bailed  him  im- 
mediately after  the  commencement  of  the  term  or  ses- 
sions.—2.  When  the  lav/  says',  It  shall  and  may  be  lawful 
to  bail  for  felony  under  particular  circumsiances,'  we 
must  presume,  that  before  the  passing  of  that  act,  it  \vas 
not  lawiul  to  bail  under  those  circumstances.-  The  terms 
used  by  the  legislature  are  enacting,  .not  de^Jaratory,— 
3.  Notwithstanding  the  party  may  have.;  been  imprisoned 
during  the  greatest  part  of  tiie  vacation,  and  during  the 
•whole  session,  the  court  are  expressly  forbidden  to  bail 
him  from  that  sesssion  to  the  next,  if  oath  be  made  that 
the  witnesses  for  the  king  could  not  be  produced  that  same 
term  or  sessions. 

Having  faithfully  stated  the  several  acts  of  parliament 
relative  to  bail  in  criminal  cases,  it  may  be  useful  to  tliC 
reader  to  take  a  short  historical  review  of  the  ]:iw  of  bail, 
through  its  various  gradations  and  improvements. 

By  the  ancient  common  law,  before  and  since  the 
Conquest,  all  felonies  v/ere  baihible,  till  murder  w^as  ex- 
ijepted  by  statute  ;  so  that  persons  might  be  admitted 
to  bail,  before  conviction,  almost  in  every  case.  Tiie  sta- 
■'ute  of  NVestminster  says,  that  before  that  time,  it  had 
,  /:  :.  determined    which    o^rencos  were    repJevisablc, 

L  d  wliich  w'ere  not,  wliether  by  the  common   writ  d(^  /ic- 
.'lilt  rvjdvgiando')  or  ex  officio  by  the  sheriff.     It  is  very  re- 
markable,   that  the   abuses    arising    from  this    unlimited 
power  of  replevy,  dreadful  as  they  were,  and  destructive 
to  the   peace  of  society,  were  not  corrected   or  taken  no- 
lice  of  by  the  legislature,  until  the  Commons  of  the  king- 
dom  had  obtained  a  share  in  it  by  their  representatives  ; 
but  the   House   of  Commons  had  scarce  begun  to  exist,, 
when   these  formidable  abuses  wxre  corrected  by   the  sta- 
Kite  of  Westminster.     It  is  highly  probable,  that  the  mis- 
-3hief  had  been  severely  felt  by  the  people,  although  no  re- 
a.  dy  had  been  provided  for  it  by  the  Norman  kings  or 
nirons.     ''  The  iniquity  of  the  times  was  so  great  ^,  as  it 
'   evcB  forced  the  subjects  to  forego  that,  which  v/^s  in 


"  account,  a  great  liberty,  to  stop  the  ceurse  of  a  gro^^v 
"ing  mischief."  The  preamble  to  the  statutes^  made 
by  the  first  parliament  of.  Ed  vvavd  the  First,  assigns  the 
reason  of  calling  it%  "  because  the  people  had  been 
"  otherwise  entreated  than  they  ought  to  be,  the  peace 
"less  kept^  the  laAvs  less  used,  and  offenders  less  punish- 
"  ed,  than  they  ought  to  be,  by  reason  whereof  the 
'' people  feared  less  to  offend;"  and  thxi  first  attempt  to 
reform  these  various  abuses,  v;as  by  contracting  the  power 
of  replevying  felons. 

For  above  two  centuries  following,  it  does  not  appear 
that  any  alteration  was  made  in  the  law  of  bail,  except 
that  being- taken  with  vert  or  venison  was  declared  to  be 
vcjuivalent  to  indictment.  The  legislature  adhered  firmly 
to  the  spirit  of  the  statute  of  Westminster.  The  statute 
of  27th  of  Edward  the  first,  directs  the  justices  of  assize 
to  inquire  and  punish  officers  bailing  such  as  were  not  bail- 
able. As  for  the  judges  of  the  superior  courts,  it  is  pro- 
bable, that  in  those  days  they  thought  themselves  bound 
by  the  obvious  intent  and  meaning  of  the  legislature^ 
They  considered  not  so  much  to  what  particular  persons 
the  prohibition  was  addressed,  as  what  the  thing  was 
iiich  the  legislaturp  m^ant  to  prohibit ;  M^ell "knowing, 
-It  in  law  quanda  ali(juzd  Jirohibetur^  Jirohibitur  et  omne^  ficr 
..ddcvcmturadidud.  '^  When  any  thing  is  forbidden, 
'^  all  the  means  by  which  the  same  thing  may  be  compassed 
'^  or  done,  are^equally  forbidden," 

liy  the  statute  of  Richard  the  tliird,  the  power  of  bail- 
-..^'^  was  a  little  enlarged.  Every  justice  of  peace  was  au- 
thorised to  bail  for  felony  ;  but  they  were  expressly  con- 
fined to  persons  arrested  on  light  suspicion ;  and  even 
thii  power,  so  limited,  was  found  to  produce  such  inconve- 
niencies,  that,  in  three  years  after,  the  legislature  found  it 
necessaiy  to  repeal  it.  Instead  of  trusting  any  longer  to  a 
single  justice  of  peace,  the  act  of  3d  Henry  VII.  repeals 
the  preceding  act,  and  directs,  *'  tliat  no  prisoner  (of  those 
"  v/ho  are  mainpernable  by  the  law)  shall  be  let  to  bail 
*'  or  miunprise  by  less  than  two  justices,  whereof  one  to 
"  be  of  the  quorum.  *  And  so  indispensably  necessary  wa^ 
this  provision  thought  for  the  adivnnisrration  of  justice, 
and  for  the  security  and  peace  of  -  that  at  this  time 

an  oath  was  iM'oposed  by  the   ki^^^-,  lo  be  taken  by  the? 


2n 

kniglits  and  esquires  of  his  household,  by  t4ie  members 
of  the  House  of  Commons,  and  by  the  peers  spiritual  and 
temporal,  and  accepted  and  sworn  to  f^wasi  nna  voce  hj 
them  all;,  which,  amon^  other  engagements,  binds  them 
<^  not  to  let  any  man  to  bail  or  mainprise,  knowing  and 
"  deeming  him  to  be  a  felon,  upon  your  honour  and  wor- 
*'  ship.     So  help  you  God  and  all  saints*/' 

In  about  half  a  century,  however,  even  these  provisons 
were  found  insufficient.  The  act  of  Henry  the  Seventh 
was  evaded,  and  the  legislature  once  more  obliged'  to  in- 
terpose. The  act  of  l<st  and  2d  of  Philip  and  Mary,  takes 
away  entirely  from  the  justices  all  pov/er  of  bailing  for 
offences  declared  not  bailable  by  the  statute  of  Westmin- 
ster. 

The  illegal  imprisonment  ofs  everal  persons  who  had 
refused  to  contribute  to  a  loan  exacted  by  Charles  the 
First,  and  the  delay  of  the  habeas  corpus^  and  subsequent  . 
refusal  to  bail  them,  constituted  ont  of  th.e  first  and  most 
important  grievances  of  that  reign.  Vet  when  the  House 
of  Comiiions,  which  met  in  the  year  1628,  resolved  upon 
measures  of  the  most  firm  and  strenuous  resistance  to  the 
power  of  imprisonment  assumed  by  the  king,  or  privy- 
council,  and  to  the  refusal  to  bail  the  party  on  the  return 
of  the  habeas  cor/ms,  they  did  expressly,  in  all  their  reso- 
lutions, make  an  exception  of  commitments,  Avhere  the 
cause  of  the  restraint  was  expressed,  and  did  by  law  jus- 
tify the  commitment.  The  reason  of  the  distinction  isj 
that  v;hereas,  when  the  cause  of  commitment  is  expres- 
sed, the  crime  is  then  known,  and  the  offender  must  be 
brought  to  the  ordinary  trial ;  if,  on  the  contrary,  no 
Gause  of  commitment  be  expressed,  and  the  prisoner  be 
thereupon  remanded,  it  may  operate  to  perp-tual  impri- 
sonmnent. This  contest  with  Charles  the  First  produced 
the  act  of  the  16th  of  that  king;  by  which  the  Court  of- 
King's  Bench  are  directed^  witran  three  days  after  the  re- 
turn  to  the  habeas  corjius^  to  examine  and  determine  the 
legality  of  any  commitment  by  tiie  king  or  privy-council>' 
and  to  do  v/hat  to  justice  shall  appertidn,  in  delivering^' 
bailing,  or  remanding  the  prisoner.  Now,  it  seems,  it  is- 
nnnecessary  for  the  judge  to  do  what  appertains  to  jus- 
tice. The  same  scandalous  traffic,  in  .which  we  have  seen 
he  privilege  of  pariiament  exerted  or  relaxed,  to  graiif y 


the  present  humour,  or  to  serve  the  immediate  purpose 
of  the  crown,  is  introduced  into  the  administration  of 
justice.  The  magistrate,  it  seems,  has  now  no  rule  to  fol- 
low,* but  the  dictates  of  personal  enmity,  national  par- 
tiality, or  perhaps  the  most  prostituted  corruption. 

To  complete  this  historical  inquiry,  it  only  remains,  to 
he  observed,  that  the  habeas  corpus  act  of  3  1  st  of  Charles 
the  Seco?)d,:  so  justly  considered  as  another  Magna  Chartu 
«f  the  kingdom  ",  "  extends  only  to  the  case  of  commit- 
*^  ments  for  such  criminal  charge  as  can  produce  no  in- 
'^  convenience  to  public  justice  by  a  temporary  enlarge- 
""'  ment  of  the  prisoner."  So  careful  were  the  legislature, 
'at  the  very  moment  when  they  were  providing  for  the  li* 
berty  of  the  subject,  not  to  furnish  any  colour  or  pretence 
for  violating  or  evading  the  established  law  of  bail  in  the 
higher  criminal  offences.  iku  the  exception,  stated  in 
the  body  of  the  act,  puts  the  matter  out  of  all  doubt* 
After  directing  the  judges  how  they  are  to  proceed  to  the 
discharge  of  the  prisoner,  upon  recognizance  and  surety, 
having  regard  to  the  quality  of  the  prisoner  and  nature  o^ 
the  offence,  it  is  expressly  added,  "  unless  it  shall  appear* 
^  to  the  said  Lord  Chancellor,  &g.  that  the  party  so 
"  committed  is  detained  for  such  matters  or  offences,  foi- 
*^  the  which,  by  the  law^,  the  prisoner  is  not   rail- 

*fABT.F..^' 

When  the  laws,  plain  of  themselves,  are  thus  illustrat- 
ed by  facts,  and  thoir  uniform  meaning  established  by  his- 
tory, we  do  not  want  the  authority  of  opinions,  however 
respectable,  to  inform  our  judgment,  or  to  confirm  our- 
belief.  But  I  am  determined  that  you  shall  have  n® 
escape.  Authority  of  every  sort  shall  be  produced  against 
you,  from  Jacob  to  Lord  Coke,  from  the  Dictionary  to 
the  Classic.  In  vain  shall  you  appeal  from  those  upright 
judges  wiiom  you  disdain  to  imitate,  to  those  whom  you 
have  made  your  example.  With  one  voice  they  all  con- 
deiTin  you. 

"  To  be  taken  with  the  maner,  is  where  a  thief,  hav- 
"  ing  stolen  any  thing,  is  taken  wdth  the  same  about  him, 
^'  as  it  were  in  his  hands,  which  is  c'dWtdfiagTante  delicto, 
"  Such  a  criminal  is  not  bailable  bylaw." — Jacob  ^  under 
the  word  Maner, 
•   Those   who  are  taken  with  the  maner   are   excluded^ 


2f4 

^  by  the  statute  of  Westminster,    from  the  benefit  of  ar 
replevin/*— f/cwX:m9,  P,   C.  ii.  98. 

"  Of  such  heinous  oifences,  no  one,  who  is  notoriously 
^  guilty,  seems  to  be  bailable  by  the  intent  of  this  statute." 
— Ditio^  ii.  99. 

"  The  common  practice  and  allowed  general  rule  is, 
"  that  bail  is  only  then  proper  where  it  stands  indiff:irent 
"  whether  the  party  were  guilty  or  innocent." — Ditto. 
ditto 

^^  There  is  no  doubt,  but  that  the  bailing  of  a  person, 
**  who  is  not  bailable  by  law,  is  punisnabie,  eitur  at 
*•  common  law  as  a  negligent  escape,  or  as  an  offence 
"■*  against  the  several  statutes  relative  to  bail." — Ditto^  8^. 

"  It  cannot  be  doubted,  but  th^it  neither  the  judges  of 
*^  this,  nor  of  any  other  superior  court  of  justice,  are 
^'  strictly  within  the  purview  of  that  statute ;  yet  thcr 
^^  will  always,  in  their  discretion,  pay  a  due  regard  to  it^ 
*^  and  not  admit  a  person  to  bail,  v/'io  is  expressly  de- 
''  Glared  by  it  irreplevisable,  withoat  some  particular  crr- 
^^  cu  nstance  in  his  favour;  and  therefore  it  seems  dixH- 
^^  cult  to  find  an  instance,  where  persons,  attainted  of  fe- 
*'  lony,  or  notoriously  guilty  of  treason  or  manslaughter, 
*  &:c.  by  their  ovrn  confession,  or  otherwise,  have  been 
"  admitted  to  the  benefit  of  bail,  without  some  special 
^'^  motive  to  the  court  to  grant  it." — Dltto^  114. 

"  If  it  appears  that  any  man  hath  injury   or  wrong  by 
"his  imprisonment,   v/e   have  power  to  deliver  snd   dis 
*' charge  him  ;    if  othcrvrise,    he  is  to  be  remanded  by, u^ 
^' to  prison  again."~Z.ord   Ch.J\  Hyde',   State   Trials y\ii 
115. 

''  The  statute  of  Westminster  was  especial  f<)r  direc- 
•^  tion  to  the  sheriffs  and  others  ;  but  to  say  courts  o 
**  justice  are  excluded  from  this  statute,  I  conceive  it  canno. 
ct  h^'' .^Attorney  General  Heathy  ditto^  132. 

"  The  court,  upon  view  of  the  return,  judgeth  of  the 
"  sufficiency  or  insuffiency  of  it.  If  they  think  the  pri- 
"  soner  in  law  to  be  bailable,  he  is  committed  to  the 
^'  Marshal,  and  bailed  ;  if  not,  he  is  remanded."  Through 
the  vrhole  debate,  the  objection  on  the  part  n^  t-.e  '^rjs  )n- 
ers  wasj  that  no  cause  of  commitment  was  expressed  in  the 
warrant;  but  it  was  unifornny  admitted  by  ^.ien-  cv,».aus-l, 
rhatj  if  the  cause  of  commitment  had  been  expressed  for 


■^76 

^vreasou'O'i'  felony,  the  court:  vrould  then  have  clone  rights 
in  remanding  them. 

The  Attorney  General  having  urged,  before  a  commit- 
tee of  both  Houses,  that,  in  Beckwith's  case  and  others., 
the  lords  of  the  cotmcil  sent  a  letter  to  the  Court  of  King's 
Bench  to  bail,  it  was  replied  by  the  managers  of  the  House 
of  Commons,  that  this  was  of  no  moment;  "  for  that  ei- 
"'  ther  the  prisoner  was  bailable  by  the  law,  or  not  baiJ- 
'^.  able.  If  bailable  by  the  law,  then  he  was  to  be  bailed 
'^  without  any  such  letter;  if  not  bailable  by  the  law, 
^'  then  plainly  the  judges  could  not  have  bailed  him  up- 
'^  on  the  letter,  without  breach  of  their  oath,  wliich  is, 
"  that  they  are  to  do  justice  according  to  the  law,  8cc/' 
--^State  Trials^  y\i,\7S, 

^*  So  that  in  bailing  upon  such  offences  of  the  highest 
^'  nature,  a  kind  of  discretion,  rather  than  a  constant  law, 
"  hath  been  exercised,  when  it  stands  wholly  indillerent 
*'  in  the  eye  of  the  court  whether  the  prisoner  be  guilty 
"  or  not*' — Selden,  St,  Tr.  vii.  230.  i. 

"  I  deny  that  a  man  is  always  bailable  when  imprison- 
*'  ment  is  imposed  upon  him  for  custody."  Attorney  Ge- 
neral Htath^  ditto^  238.— By  these  quotations  from  the 
State  Trials,  though  otherwise  not  of  aulhoiity,  it  appears 
plainly,  that,  in  regard  to  bailable  or  not  bailable,  all  par- 
ties agreed  in  admitting  one  pioposition  as  incontrovert- 
ible. 

"  In  relation  to  capital  ofTences,  there  are  especially 
'^  these  acts  of  parliament  that  are  the  common  land-marksv 

touching  offences  bailable  or  not  bailable."  Hale^ii.  F.  C. 
127.  Tlie  enumeration  includes  the  several  acts  cited  in 
this  paper.  >, 

''  Persons  taken  with  the  manouvre  are  not  bailable, 
*"  because  it  is /'?^r/^z^7?i   inarJfcstiun.^^ — Iwle^  ii.  i^.   C.   133.' 

*'  The  writ  of  hnbeas  cor/ius  is  of  a  high  nature  :  for  if 
*'  persons  be  wror.gfully  committed,  they  are  to  be  dis- 
•"  charged  upon  this  writ  returned  ;  or,  if  bailable,  they 
'^  are  to  be  bailed;  if  not  btdlable,  they  are  to  be  com- 
"  mitted."  Halc^ii.  F,  C.  143,  This  doctrine  of  Lord 
Chief  Justice  Kale  refers  immediately  to  the  superior 
courts  from  whence  the  writ  issues. — "  After  tliC  re- 
^^   '  "-    4     Bledj  the   court  is  either  xq  discharge,  or  bail, 


i*  9Y  commit  him,  as  the  nature  of  ;hc  cause  require- 
^Ralc,  ii.  i^  C,  U6. 

"  If  bail  be  grunted  otherwise  than  the  law  allowetD, 
'^  the  party  that  ailoweth  the  same  shall  be  fined,  im- 
"  prisoned,  render  damages,  or  forfeit  his  place,  as  the 
<*   case  shall  require/'— 6V/<i6^;z  <5i/ ^y.  ^aco7z,    182. 

"  This  induces  an  absolute  necessity  of  expressing,  upon 
^^  every  commiimei  t,  the  reason  ibr  which  it  is  made  ; 
"  that  the  court,  upon  a  habeas  corfiuH^  may  examine  inte 
"  its  validity,  and,  according  to  the  circumstances  of  the 
"  case,  may  discnar^e,  admit  to  bail,  or  remand  the  pri- 
"  soner." — Llack^toncy  iii.  133. 

'^  Marriot  was  committed  for  forging  indorsements 
"  upon  bank-bills,  and  upon  a  habeas  corpus  was  bailed, 
"  because  tne  crime  was  only  a  great  misdemeanor; — 
"  for  though  the  forging  the  bills  be  felony,  yet  forging 
"  tne  indorsement  is  not."— 5'c/.4T/f/,  i.  104. 

^^  Apell  de  Mahem,  &:c.  ideo  ne  fuit  lesse  a  bailie^ 
^'  nient  plus  que  in  appell  de  robbery  ou  murder;  quod 
"  nota,  et  que  in  robry  et  murder  le  partie  n*est  bailiable/' 
— Bro.  Mahijirise^   67. 

"  The  intendment  of  the  law  in  bail  is,  Quod  stat  in- 
«'  differenler^  whether  he  be  guilty  or  no ;  but  when  he  is 
"  convicted  l:>y  verdict  or  confession,  then  he  must  be 
^*  deemed  in  law  to  be  guilty  of  the  felony,  and  therefore 
*'  not  bailable  at  alL" — Coke,\\.InHt.  188. — iv.  178. 

*'  Bail  is  quaiido  stat4.ndijferenter^  and  not  when  the  of- 
"  fence  is  open  and  maniiest." — ii.  List.  189. 

'^  In  this  case,  non  stat  indifferent er  whether  he  be  guilty 
*'  or  no  ;  being  taken  with  tlie  r-^nwr,  tluit  is  with  the  thing 
*    stolen, as  it  were  in  his  h.n     "^  --■Di'-io^  (itto. 

"  If  it  appearcth  that  tlii^  impiisonmcnt  be  just  and 
*'  lawful,  he  shall  be  remanded  to  the  former  goaler;  but, 
"  if  it  shall  appear  to  the  court  that  he  was  imprisoned 
*'  against  the  law  of  the  land,  th.ey  ought,  by  force  of  this 
"  statute,  to  deiiver  him  ;  if  it  be  doubtful  and  under  con- 
*'  sideration,  lie  may  be  bailc^h"~-ii.  Inst.  55. 

It  is  unnecessary  to  load  the  reader  with  any  farther 
quotations.  If  tlicse  aut'^oiitie^^  u\\:  >\oi  d,  ;  nud  suil'cient 
to  establish  the  doctrine  maintained  in  tins  pr-pcr,  it  will 
In:,  in  vain  to  appeal  to  the  eyidencc  of  law-books,  or  to  the 


i^:7 

dpinlons  of  judges.  They  arc  not  the  authorities  by  which 
Lord  Mansfield  will  abide.  He  assumes  an  arbitrary  power 
of  doin^^  rii^'ht;  and  if  he  does  wrong,  it  lies  only  between 
God  and  his  conscience. 

Now,  my  Lord,  although  I  have  great  faith  in  the  pre- 
ceding argument,  I  will  not  say   that  every  minute  part  of 
it   is  absolutely  invulnerable.     I  am  too  well   acquainted 
with  the  practice  of  a  certain  court,  directed  by  your  ex- 
ample, as  it  is  governed  by  your    authority,  to  think  there 
ever  yet  was  an   argument,  hov/ever  conformable  to  law 
<ind  reason,  in  which  a  cunning,  quibbling  attorney  might 
not  discover  a  flaw.     But  taking  the  whole  of  it  together, 
I  affirm,  that  it  constitutes  a  mass  of  demonstration,  than 
which  nothing  more  complete  or  satisfactory  can  be  offer- 
ed to  the  human  mind.     How  an  evasive,  indirect  reply 
will  stand  with  your  reputation,  or  how  far  it  will  answer, 
in  point  of  defence,  at  the  bar  of  the  House  of  Lords,  is 
worth  your  consideration.      If,    after  all    that    has    been 
said,  it  should  still  be  maintained,  that  the  Court  of  King's 
Bench,  in  bailing  felons,  are  exempted  from  all  legal  rules 
whatsoever,    and  that  the  judge  has  no  direction  to  pur- 
sue but  his  private  affections,  or  mere  unquestionable  will 
and  pleasure  ;    it  will  follow  plainly,  that  the  distinction 
between  bailable,  and  not  bailable,  uniformly  expressed  by 
the  legislature,  current  through  all  our  law-Books,  and  ad- 
mitted by  all  our  great  lawyers  without  exception,  is  in  one 
sense  a  nugatory,  in  another  a  pernicious  distinction.      It 
is  nugatory,  as  it  supposes  a  difference  in  the  bailable  qua- 
lity of  offences,   when,  in  effect  the  distinction  refers  only 
to  the  rank  of  the  magistrate.      It  is  pernicious,  as  it  im- 
plies a  rule  of  law,   which   yet   the  judge  is  not  bound  to 
pay  the  least  regard  to  ;  and  impresses  an  idea  upon  the 
minds  of  the  people,  that  the  judge  is  wiser  and  greater 
than  the  law. 

It  remains  only  to  apply  the  law,  thus  stated,  to  the 
fact  in  question.  By  an  authentic  copy  of  the  mittimus  it 
appears,  that  John  Eyre  was  committed  for  felony,  plain- 
ly and  specially  expressed  in  the  warrant  of  commitment. 
He  was  charged  before  Alderman  Halifax,  by  the  oath  of 
Thomas  Fielding,  William  Holder,  William  Payne,  and 
WiiUam  Nash^  for  feloniously  stealing  eleven  quires  of 
writingpape  r,  value  six  shillings,  the  property  of  Thomas 

Y 


Beach,  Sec. — By  the  examinations  upon  oath  of  the  fourper- 
sons  mentioned  in  the  mittiinus^  it  was  proved,  that  large 
quantities  of  paper  had  been  missed,  and  that  eleven  quires 
(previously  marked  from  a  suspicion  that  Eyre  was  the 
thief)  were  found  upon  him.  Many  other  quires  of  pa- 
paper,  marked  in  the  same  manner,  were  found  at  his  lodg- 
iiigs  ;  and  after  he  had  been  some  time  in  Wood-street 
Compter,  a  key  was  found  in  his  room  there,  which  ap- 
peared to  be  a  key  to  the  closet  at  Guildhall,  from  whence 
the  paper  was  stolen.  When  asked  what  he  had  to  i?ay  in 
his  defence,  his  only  answer  was,  "  1  hope  you  will  bail 
^'  me."  Mr.  Holder,  the  clerk,  replied,  "  That  is  im- 
*•  possible.  There  never  was  an  instance  of  it,  whtii  the 
•^  stolen  goods  v/ere  found  upon  the  thief.'^  The  Lord 
.Mayor  was  then  applied  to,  and  refused  to  bail  him.-^-Of 
all  these  circumstances,  it  was  your  duty  to  have  informed 
yourself  minutely.  The  fact  was  remarkable;  and  the 
chief  magistrate  of  the  city  of  London  was  known  to  have 
refused  to  bail  the  offender.  To  justify  your  compliance 
with  the  solicitations  of  your  three  countrymen,  it  shcuid 
be  proved  that  such  allegations  were  offered  to  you  in  be- 
jialf  of  their  associate,  as  honestly  aiu]  bona  fide  reduced  it 
to  a  matter  of  doubt  and  indifference  v/hether  the  prisoner 
■^vas  innocent  or  guilty.  Was  any  thing  offered  by  the 
S.otch  triumvirate  that  tended  to  invalidate  the  positive 
harge  made  against  him  by  four  credible  witnesses  upon 
j-th  r — Was  it  even  insinnnted  to  you,  either  by  him.self 
or  his  bail,  that  no  felony  was  committed  ;— or  that  he 
was  not  the  felon  ; — that  the  stolen  goods  were  not  found 
upon  him; — or  that  he  was  only  the  receiver,  not  know- 
ir.g  them  to  be  stolen?  Or,  in  short,  did  they  atlemprto 
produce  any  evidence  of  his  insanity  : — To  ail  ri  .s- 

tions  1  ansvvXT  for  you,  v/ithout  the  least  fear  (.,  v-Mura- 
dirtion,  positively  NO.  From  the  moment  he  was  arrest- 
ed he  never  entertained  any  hope  of  acquital;  therefore 
thought  of  nothing  but  obtainiug  bail,  tliat  he  might  have 
time  to  settle  his  affairs,  convey  his  fortune  into  another 
country,  and  spend  the  remainder  of  his  life  in  comfort 
and  affluence  abroad.  In  this  -prudential  scheme  of  fu- 
ture happiness,  the  Lord  Chief  Justice  of  England  most 
readily  and  heartily  concurred.  At  sight  of  :.o  junch  vir- 
tue in'  distress,  your  natural  benevolence  took  the  alarm.. 


279 

Such  a  man  as  Mr.  Eyre,  struggling  with  adversity,  must 
always  be  an  interesting  scene  to  Lord  Mansfield. — Or, 
was  it  that  liberal  anxiety,  by  which  your  whole  life  has 
been  distinguished,  to  enlarge  the  liberty  of  the  subject  ? — 
My  Lord,  we  did  not  want  this  new  instance  of  the  libe- 
rality of  your  principles.  We  already  knew  what  kind  of 
subjects  they  were  for  whose  liberty  you  were  anxious.  At 
all  events,  the  public  are  much  indebted  to  you^for  fixing 
a  price  at  which  felony  may  be  committed  with  impunity. 
You  bound  a  felon,  notoriously  worth  30,0001.  in  the  sum 
of  3001.  With  your  natural  turn  to  equity,  and  knowing 
as  you  are  in  the  doctrine  of  precedents,  you  undoubtedly 
meant  to  settle  the  proportion  between  the  fortune  of  the 
felon  and  the  fine,  by  which  he  may  compound  for  his 
felony.  The  ratio  now  upon  record,  and  transmitted  to 
posterity  under  the  auspices  of  Lord  Mansfield,  is  exactly 
one  to  a  hundred. — My  Lord,  without  intending  it,  you 
have  laid  a  cruel  restraint  upon  the  genius  of  your  coun- 
trymen. In  the  warmest  indulgence  of  their  passions, 
they  have  an  eye  to  the  expence  ;  and  if  their  other  vir- 
tues fail  us,  we  have  a  resource  in  their  ceconomy. 

By  taking  so  trifling  a  security  from  John  Eyre,  you  in- 
vited and  manifestly  exhorted  him  to  escape.  Although, 
in  bailable  cases,  it  be~  usual  to  take  four  securities,  you 
left  him  in  the  custody  of  three  Scotchmen,  whom  he 
might  have  easily  satisfied  for  conniving  at  his  retreat. 
That  he  did  not  make  use  of  the  opportunity  you  indus- 
triously gave  him  ,  neither  justifies  your  conduct,  nor  can 
it  be  any  way  accounted  for  but  by  his  excessive  and  mon- 
strous avarice.  Any  other  man  but  this  bosom-friend  o: 
three  Scotchmen,  would  gladly  have  sacrificed  a  few  hun- 
dred pounds,  rather  than  to  submit  to  the  infamy  of  plead- 
ing guilty  in  open  court.  It  is  possible  indeed  that  he 
might  have  flattered  himself,  and  not  unreasonably,  with 
the  hopes  of  a  pardon.  That  he  would  have  been  par- 
doned, seems  more  than  probable,  if  I  had  not  directed 
the  public  attention  to  the  leading  step  you  took  in  fa* 
vour  of  him.  In  the  present  gentle  reign,  we  well  know 
what  use  has  been  made  of  the  lenity  of  the  court  and  of 
the  mercy  of  the  crown.  The  Lord  C\iief  Justice  oi-' 
England  accepts  of  the  hundredth  part  of  the  property 
of  a  felon  taken  in  the  fact,  as  a  recognizance  for  his  ap- 


280- 

-^araiicc.  Your  brother  Smythe  browbeats  a  jury,  an 
^orces  them  to  alter  their  verdict,  by  which  they  had  found 
a  Scotch  sergeant  guihy  of  murder  ;  and  though  the  Ken- 
nedies wxre  convicted  of  a  most  deliberate  and  atrocious 
murder,  they  still  hud  a  claim  to  the  royal  mercy .^ — They 
^vere  saved  by  the  chastity  of  their  connections. — They 
had  a  sister  ; — yet  it  w^as  not  her  beauty,  but  the  pliancy 
cf  her  virtue,  that  recommended  her  to  the  king. — The 
holy  Author  of  our  religion  was  seen  in  the  company  of 
sinners  ;  but  it  w  as  his  gracious  purpose  to  convert  them 
From  their  sins.  Another  man,  who  in  the  ceremonies^  of 
our  faith  might  give  lessons  to  the  great  enemy  of  it,  upon 
different  principles  keeps  much  the  same  company.  He 
advertises  for  patients,  collects  all  the  diseases  of  the  heart, 
and  turns  a  royal  palace  into  an  hospital  for  incurables, 
•—A  m.an  of  honour  has  no  ticket  of  admission  at  St. 
James's. — They  receive  him  like  a  virgin  at  the  Magda- 
lene's ; — "  Go  thou  and  do  likewise." 

My  charge  against  you  is  now  made  good.  I  shall, 
owever,  be  reeidy  to  answer  or  to  submit  to  fair  objec- 
ons.  If,  whenever  this  matter  shall  be  agitated,  you  suf- 
fer the  doors  of  the  House  of  Lords  to  be  shut,  I  now 
protest,  that  I  shall  consider  you  as  having  made  no  re- 
ply. From  that  moment,  in  the  opinion  of  the  w^orld,  you 
will  stand  self-convicted.  Whether  your  reply  be  quibbling 
and  evasive,  or  liberal  and  in  point,  will  be  matter  for  the 
judgment  of  your  peers  ; — but  if,  when  every  possible  idea 
of  disrespect  to  that  noble  house  (in  w^hose  honour  and  jus- 
tice the  nation  implicitly  confides)  is  here  most  solemnly- 
disclaimed,  you  should  endeavour  to  represent  this  charge 
as  a  contempt  of  their  authority,  and  move  their  Lord- 
ships to  censure  the  publisher  of  this  paper,  I  then  afFirm 
that  you  support  injustice  by  violence,  that  you  ai^e  guilty 
of  a  heinous  aggravation  of  your  offence,  and  that  you 
contribute  your  utmost  influeuce  to  promote  on  the  part 
of  the  highest  court  of  judicature,  a  positive  denial  of  jus 
tlee  to  the  nation. 


tisi 


LET'J'ER  LXIX> 

TO    THE    RIGHT    HONOURABLE    LORD    CAMUEN, 

MY  LORD, 

I  TURN  with  pleasure  from  that  barren  wasi 
in   which  no  salutary  plant  takes  root,  no  verdure  quid, 
ens,   to  a  character  fertile,  as  I  willingly   believe,  in  eve- 
ry great  and  good  qualification.      I  call   upon  you,  in  the 
name  of  the    English  nation,  to  stand  forth  in    defence  of 
the  laws  of  your  country,  and  to  exert,  in    the  cause  of 
truth  and    justice,  those   great  abilities  with   which   you 
were  intrusted  for  the  benefit  of  mankind.       To  ascertain 
the  facts   set  forth    in  the  preceding  paper,   it  may  be  ne- 
cessary to  call   the  persons   mentioned   in  the  mittimus  to 
ihe  bar  of  the  House  of  Lords.     If  a  motion  for  that  pur- 
pose should  be  rejected,  we  shall  know -what  to  think  o: 
Lord  Mansfield's  innocence.     The  legal  argument  is  sub- 
mitted to  your   Lordship's  judgment.       After  the  noblfe 
stand  you  made  against  Lord  Mansfield  upon  the  question, 
of  libel,  we  did   expect   that  you  would  not  have   suffered 
that  matter  to  have  remained   undetermined.     But  it  was 
said  that  Lord   Chief  Justice  Wilmot  had  been  prevailed 
upon   to   vouch  for  an  opinion  of  the   late  Judge  YateS) 
which   was  supposed  to  make  against  you  ;    and  Ave  admi*- 
of  the  excuse.      When  such  detestable  arts  are  employe 
to  prejudge  a   question  of  right,  it  might  have  been  im 
prudent  at  that  time  to  have  brought  it  to  a  decision.     lu 
the  present  instance,  you  will  have  no  such  opposition  to 
contend  with.      If  there  be  a  judge,  or  a   lawyer  of  any 
note  in  Westminster-hali,  v/ho  shall  be  daring  enough  t 
,  affirm,  that,   according  to  the  true  intendment  of  the  Iciw 
of  England,  a   felon,    taken   with    the    mancr^   in  fiagraii: 
delicto^  is  bailable  ;    or  that   the  discretion  of  an  Englisi; 
ndge  is  merely  arbitrary,   and  not   governed   by  rules  of 
i'iw  ;— I  should  be  glad  to  be  acquainted  with  him.       Who- 
ever he  be,  I  will  take   care   that  he  shall  not  give  you 
much  trouble.     Your  Lordship's  character  assurc:s  me  thai 
vou  will  assume  that  principal  part  which  belongs  to  you^ 
n  supporting  the  lavv's  of  England  against  a  wicked  judge;; 
.  iio   makes  it  the  occupation  of  his  life  to   misinier])rc* 
*..  (•  '.jL-rvert  th.era.       If  you  decline  this  honourable  oflic 

Y  2 


I  fear  it  will    be    said,  that,  for  some  nnonths  ^past,   yoir 
have  kept  too  much  company   with  the  Duke  of  Grafton. 
When  the  contest  turns  upon  the  interpretation   of   th^" 
laws,  you  cannot  without  a  formc^l    surrender  of  all  your 
reputation,  yield  the   post  of  honour  even   to  Lord  Cha-. 
tham.       Considering  the   situation  and  abilities  of   Lxjrd- 
Mansfield,  I  do  not  scruple  to  affirm,  with  the  most  solemn  : 
appeal  to  God  for  my  sincerity,  that,  in  my  judgement,  hh 
is  the  very  worst  and  the  most  dangerous  man  in  the  king^- 
dom.     Thus  far  1   have  done  my  duty  in  endeavouring  to 
bring  him  to  punishment.     But  mine  is  an  inferior,  mi- 
nisterial office  in  the  temple  of  justice  ; — I  have  bound  the 
victim,  and  dragged  him  to  the  altar. 

Junius. 


The  Reverend  Mr.  John  Home  having^  with 
-his  usual  veracity  and  honest  industry,  circulated  a  repoit 
that  Junius,  in  a  letter  to  the  supporters  of  the  bilL'of 
rights,  had  warmly  declared  himself  in  favour  of' long 
parliaments  and  rotten  boroughs,  it  is  thought  neces- 
sary to  submit  to  the  public  the  following  extract  from,  his 
letter  to  John  Wilkes,  Esq.  dated  the  7th  of  September 
1771,  and  laid  before  the  society  on.  the  24th  of  tlie  same 
month. 

^*  With  regard  to  the  several  articles,  taken  separately, 
*'  I  own  I  am  concerned  to  see,  that  the  great  condition 
^^  which   ought  to  be   the   ^ine   qua  non  of   parliamentary 

"  qualification w^hich     ought     to    be    the     basis   (as  it 

<'  assuredly  will  be  the  only  support)  of  every  barrier  rais- 
*•  cd  in  defence  of  the  constitution,  I  mean  a  declaration 
♦i  upon  oath  to  shorten  the  duration  of  parliaments,  is  re- 
"  duced  to  the  fourth  rank  in  the  esteem  of  the  society  j 
"  and,  even  in  that  place,  far  from  being  insisted  on 
^'  with  firmness  and  vehemence,  seems  to  have  been  parti- 
^'  cularly  slighted  in  the  expression, '  You  shall  endeavour 
•  to  restore  annual  parliaments  1'—- Are  these  the  terms 
<'  which  men,  who  are  in  earnest,  make  use  of,  when  the  sd^ 
<'  las  rcihublicc£  is  at  state  ? — I  expected  other  language  from 
^^  Mr.  Wilkes.— Besides  my  objection  in  point  of  form, 
<*  I  disapprove  highly  of  the  meaning  of  the  fourth  article 


283 

-  ab\t  stands.  Whenever  the  question  shall  be  serious!/ 
«  agitated,  I  will  endeavour  (and  if  I  live,  will  assuredly 
'i  attempt  it)  to  convince  the  English  nation,  by  argu- 
"  ments  to  my  understanding  unanswerable,  that  they 
"ought  to  insist  upon  a  triennial,   and  banish  the  idea  of 

"  an  annual  parliament I  am 

"  convinced,  that  if  shortening  the  duration  of  parliaments 
^'  (which  in  effect  is  keeping  the  representative  under  the 
"   rod  of  the   constituent)   be   not  made  the  basis  of  our 
"  new  parliamentary  Jurisprudence,  other  checks  or  im- 
"  provements   signify  nothing.     On  the  contrary,  if  this 
*'  be  made  the  foundation,  other  measures  may  come  in  aid, 
^*  and,  as  auxiliaries,  b.e  of  considerable  advantage.     Lord 
"  Chatham's  project,  for  instance,  of  increasing  the  num- 
^f  i3er  of  knights  of  shires,  appears  to  me  admirable.  .  .  . 

*»  .  '.  .  .  .  .  .  As  to  cutting  away  the  rotten  boroughs,  I  am 

^'  as^much  offended  as  any  man  at  seeing  so  many  of 
"-  them  under  the  direct  influence  of  the  crown,  or  at  the 
*',  disposal  of  private  persons.  Yet,  I  own,  I  have  bofh 
*^^"  dOiibts  and  apprehensions  in  regard  to  the  remedy  you 
•^v  propose.  M  shall  be  charged,  perhaps,  with  an  unusual 
'^.  want  of  political  intrepidity,  when  1  honestly  confess 
f'  to  you,  that  I  am  startled. at  the  idea  of  so  extensive  an 
''  amputation. — In  the  first  place,  I  question  the  power 
"  de  jurcj  of  the  legislature  to  disfranchise  a  number  of 
"  boroughs,  upon  the  general  ground  of  improving  the 
";  constitution.  There  cannot  be  a  doctiine  more  fatal 
"  to  the  liberty  and  property  we  are  contending  for,  than 
*•  that  which  confounds  the  idea  of  a  supreme  and  an  ar= 
'■'  bitary  legislature.  I  need  not  point  out  to  you  the 
*'  fatal  purposes  to  which  it  has  been,  and  may  be,  ap- 
"  plied.  If  we  are  sincere  in  the  political  creed  we  pro- 
*'  less,  there  are  many  things  which  we  ought  to  aflirm 
^'  cannot  be  do^e  by  the  King,  Lords,  and  Commons. 
*'  Among  these  I  reckon  the  disfranchising  of  boroughs 
'^  with  a  general  view  to  improvement.  I  consider  it  as  equi- 
*'  -  valent  to  robbing  the  parties  concerned,  of  their  freehold, 
"  of  their  birthright.  I  say,  that  although  this  birthright 
''  may  be  forfeited,  or  the  exercise  of  it  suspended  in  par- 
"  ticular  cases,  it  cannot  be"  taken  away  by  a  general  law, 
^  for  any  real  or  pretended  purpose  of  iuiproving  the 
ccnstitution.     Supposing  the  attempt  made,  I  am  per- 


Suaded  you  cannot  mean  that    either  King  or  Lords, 
should  take    an   active  part   in   it.     A  bill,  which   only 
touches  the  representation  of  the  people,  must  originate 
in   the    House   of    Commons.      In  the   formation   and 
mode  of  passing  it,  the  exclusive  right  of  the  Commons 
must  be  asserted  as  scrupulously  as  in  the  case  of  a  mo- 
ney bill.     Now,  Sir,  I  should  be  glad  to  know  by  what 
kind  of  reasoning  it  can  be  proved,  that  there  is  a  pow- 
er vested  in  the  representative  to  destroy  his  immediate 
constituent.     From  whence  could  he  possibly  derive  it  ? 
A  courtier,  I  know,  will  be  ready  to  maintain  the  af- 
firmative.     The  doctrine-suits   him  exactly,   because  it 
gives   an  unlimited  operation   to   the   influence  of  the 
crown.     But  we,   Mr.  Wilkes,   ought  to  hold  a  diffe- 
rent language.     It  is  no  answer  to  me  to  say    that  the 
bill,   when  it  passes  the  House  of  Commons,   is  the  act 
of  the  majority,  and  not  the  representatives  of  the  par- 
ticular boroughs  concerned.     If  the  majority  can  dis- 
franchise  ten  boroughs,   why   not  twenty,  why  not  the 
whole  knM2;flom  r      Why  sliouid  not  they   make   their 
own  seats  in  parliament  for  life  ? — When   the  septen- 
nial act  passed,  the  legislature  did  what,  apparently  and 
palpably,  they  had  no  power  to  do  :  but  they  did  more 
than  what  people  in  general  were  aware  of ;  they,    in 
effect,  disfranchised  the  whole  kingdom  for  four  years.'* 
''  For  argument's  sake,  I  will  now  suppose  that  the  ex- 
pediency of  the  measure  and  the  powtrr  of  parliament 
are  unquestionable.     Still  you  will  find  an  unsurmounta- 
ble  difficulty  in  the  execution.     W-'hen  all  your  instru- 
ments of  amputation  are  prepared,  when  the  unhappy 
patient  lies  bound  at  your  feet  without  the  possibility  of 
resistance,  by  what  infalliable  rule  will  you  direct  the  ope- 
ration ?   Wlien  you  propose  to  cut  away  the  rotten  parts, 
can  you  tcil  us  v/hat parts  are  perfectly  sound?-— Are  there 
any  certain   hinits  in  fact  or  theory,  to  inform  you   at 
Vv'hat  point  you  must  stop,  at  what  point  the  mortifica- 
tion .ends  ?    To   a   man   so  capable  of  observation  and 
reflection   as  you  are,  it  is  unnecesSciiy  to  say   all  that 
might  be  said  upon  the  subject.     Besides  that  I  approve 
highly  of  Lord  Chatham's  idea   of  infusing  a  portion 
of  r^ew  health  into  the  ccnstitution.  to  enable  it  to  bear 
its  infirmities  {^  briliiant- expression,  and  full  of  intria- 


5d,T 

^^  sic  -wisdom),  other  reasons  concur  in  persuading  me  it) 
*^  adopt  it."     I  have  no  objection,  8^c. 

The  man  who  fairly  and  completely  answers  this  argu- 
ment shall  have  my  thanks  and  my  applause.  My  heart  is 
already  with  him. — I  am  ready  to  be  converted. — -I  admire 
his  morality,  and  would  gladly  subscribe  to  the  articles  of 
his  faith. — Grateful  as  I  am  to  the  good  being  whose 
bounty  has  imparted  to  me  this  reasoning  intellect,  what- 
ever it  is,  I  hold  myself  proportionably  indebted  to  him, 
from  whose  enlightened  understanding  another  ray  of 
knowledge  communicates  to  mine.  But  neither  should  I 
♦hink  the  most  exalted  faculties  of  the  human  mind  a  gift 
worthy  of  the  Divinity,  nor  any  assistance  in  the  improve- 
ment of  them  a  subject  of  gratitude  to  my  fellow-creature, 
if  I  were  not  satisfied,  that  really  to  inform  the  understand- 
ing) corrects  and  enlarges  the  heart,- 


NOTES. 

Dmdtcatiott.  a  This  positive  denial,  of  an  arbitaty  povfcr  bein^ 
crested  in  tlie  leg^islature,  is  not  in  fact  a  new  doctrine.  When  the  Earl 
of  Lindsay,  in 'the  year  1675,  brought  a  bill  into  the  House  of  Lords, 
«*  To  prevent  tlie  dang'ers  wliicli  might  arise  from  persons  disaifected 
**  to  govcrnm<Mit,'*  by  whicli  an  oath  and  penalty  was  to  be  imposed 
upon  the  members  of  bodi  Houses,  it  was  affirmed,  in  a  protest  signed 
by  twenty -tin  ee  lay  peers  (n)y  lords  the  bishops  were  not  accustomed 
to  protest),  **  That  the  privilege  of  sitting  and  votnig*  in  parliament 
**  was  an  honour  they  had  by  birth,  and  a  right  so  inherent  in  them, 
**  and  inseparable  from  them,  that  nothing  could  take  it  away,  but 
*'  what,  by  the  law  of  th^-  land,  must  withai  take  away  hen*  lives,  and 
**  c'jnupt  their  blood.*'  i'hese  noble  peer*  (whose  names  are  a  re- 
pj  oi'.ch  to  their  posterity)  have,  in  this  mstance,  solenmly  denied  the 
no  vv-r  of  parliament  to  alter  the  ct>nstitution.  Under  a  jjarticidar 
p< '  iiosiLion,  they  have  iisserted  a-general  truth,  in  which  every  man  in 
Etic'iand  is  concerned. 

Preface,  b  The  following  quotation  from  a  speech  delivered  by 
Lord  Chatham  on  the  11th  of  December  1770,  istakeawith  exactness. 
'1  lie  reader  will  find  it  curious  in  itself,  and  very  fit  to  be  inserted  here. 
**  My  Lord,  The  verdict  given  in  Woodfal's  trial  was, — guilty  of 
**  printingand  publishing  only  : — upon  which  two  motions  were  made 
"  in  court ;  one,  in  arrest  of  judgement,  by  the  defendant's  counsel, 
**  grounded  upon  the  ambiguity  of  the  verdict  ;  the  other,  by  the 
*'  counsel  for  the  crown,  for  a  rule  upon  the  defendant  to  show  cause 
**  why  the  verdict  should  not  be  entered  up  according  to  the  legal 
**  import  of  the  words.  On  boch  motions  a  rule  v»as  granted,  and 
,  **  soon  after  the  matter  was  argued  before  the  Court  of  King's  Bench. 
**  The  nobie  judge,  v.hen  he  delivered  die  opinion  of  the  court  upon 
'*  the  verdict,  went  regularly  though  the  whole  of  the  proceedings  at 
**  niai  prius^  as  well  as  the  evidence  that  had  been  given,  as  his  own 
' ,  charge  to  the  jury,  i'his  proceeding  would  have  been  v^vy  proper, 
*'  had  a  motion  been  made  on  either  bide  for  a  new  trial;  because  either 
**  a  verdict  given  contrary  to  evidence,  or  an  improper  charge  by  the 
*'  judge  at  nisi  priiis,  i«  iield  to  be  a  sufficient  ground  for  granting  a 
**  new  trial.  But  wiien  a  motion  is  made  in  arrest  of  judgment,  or 
**  for  establishing  the  verdict  by  entering  it  up  according  to  .he  legal 
<*  import  of  t)ie  words,  it  must  be  on  the  p;roundor  something  ap- 
^'  pearing  on  the  face  of  the  record  :  and  the  court,  in  considering 
**  wheiher  the  verdict  shall  be  established  or  not,  are  so  confined  to 
**  the  record,  that  they  cannot  take  notice  of  any  thing  that  does  not 
*'  appear  on  the  face  of  it;  in  the  legal  phrase,  they  cannot  travel  out 
**  of  tiie  record.  The  noble  judge  did  travel  out  of  the  record;  and 
^'  I  aihrm  that  his  discourse  was  irregular,  extrajudicial,  and  un- 
**  precedented.  His  appurent  motive  for  doing  wliat  he  knevr  to  be 
*'  wrong  was,  that  he  might  have  an  opportunity  of  telUng  the  public 
'*  extrajudiciatly,  tliat  the  other  three  judges  concurred  in  the  doc- 
»<  trine  laid  down  in  his  charge." 

c  Parliamentary  History.  Vol    VII.  p   40<&. 
d  Moiisi^Air  dc  Lolme. ' 


2  as 

Letters,  n  The  Duke  of  Grafton  took  the  office  of  Secretary  of 
State,  with  an  engag-ement  to  support  the  Marquis  of  Rockingham's 
administration.  He  resigned,  however,  in  a  little  time,  under  pre- 
tence that  he  could  not  act  without  Lord  Chatham,  nor  bear  to  see 
Mr.  Wilkes  abandoned  ;  but  that,  under  Lord  Chatham,  he  would 
act  in  any  office.  This  was  the  signal  of  Lord  Rockingham's  dismis- 
sion.  When  Lord  Chatham  came  in,  the  duke  got  possession  of  the 
Treasury.     Reader,  mark  the  consequence! 

h  This  happened  frequently  to  poor  Lord  North. 

c  Yet  Junius  has  been  called  the  partizan  of  Lord  Chatham  ! 

d  That  they  should  retract  one  of  their  resolutions,  and  erase  UiC 
entry  of  it. 

e  It  was  pretended  that  the  Earl  of  Rochford,  while  ambassador 
in    France,  had  quarrelled  with  the  Duke  of  Choiseuil ;    and  that 
therefore  he  Wfis  appointed  to  the  Northern  department,  out  of  com- 
pliment to  the  French  minister. 
f  The  late  Lord  Granby. 

^This  man,  being  committed  to  the  court  of  King's  Bench  for  a 
contempt,  voluntarily -made  oath,  that  he  would  never  answer  inter- 
rogatories, unless  he  should  be  put  to  the  torture. 

h  It  has  been  said,  I  believe  truly,  that  it  was  signified  to  Sir  Wil- 
liam Draper,  as  the  request  of  Lord  Granby,  that  he  should  desist 
from  writing  in  his  Lordship's  defence  Sir  William  Draper  certainly 
drew  Junius  forward  to  say  more  of  Lord  Granby's  chai'acter  then  he 
originally  intended.  He  was  reduced  to  the  dilemma  of  either  being 
totally  silenced,  or  of  supporting  his  first  letter.  Whether  Sir  Wil- 
liam had  a  right  to  reduce  him  to  this  dilemma,  or  to  call  upon  him 
for  his  name,  after  a  voluntary  attack  on  his  side,  are  questions  sub- 
mitted to  the  candour  of  the  public. — The  death  of  Lord  Granby 
was  lamented  by  Junius  He  undoubtedly  owed  some  compensations 
to  the  public,  and  seeiped  determined  to  acquit  himself  of  them.  In 
private  life,  he  was  unquestionably  that  good  man  who,  for  the  inte- 
rest of  his  country,  ought  to  have  been  a  great  one.  Bonnvi  '■viruvi 
facile  dixeris  ; — onagnuni  Ubenter.  I  speak  of  him  nowwithout  parti- 
ality : — I  never  spoke  of  him  with  resentment.  His  mistakes,  in  pub-  ' 
lie  conduct,  did  not  arise  either  from  want  of  sentiment,  or  want  of 
'judgment,  but  in  general  from  the  difficulty  of  sayijig  no  to  the 
bad  people  who  surrounded  him . 

As  for  the  rest,  the  friends  of  Lord  Granby  should  remember,  that 
he  himself  thought  proper  to  condemn,  retract,  and  disavow,  by  a 
most  solemn  declaration  in  the  House  of  C-^mmons,  that  very  sys- 
tem of  political  conduct  which  Junius  had  held  forth  to  the  disap- 
probation of  the  public. 

i  Les  roisne  se  sont  reservd  que  les  graces.  Ilsrenvoient  les  con> 
damnations  vers  leurs  oificiers  Monteacfuieu, 

k  Whiiehall,  March  It.  1769.  His  M  jes^y  has  been  graciously 
pleased  to  extend  his  royal  mercy  to  Edward  M'Quirk,  found  guilty 
(Df  the  murder  of  George  Clarke,  as  appears  by  his  royal  warrant  to 

0  tenor  following: 


2^\) 


GEORGE   H. 


Whereas  a  doubt  had  arisen  in  our  Royal  breast  concerning'  the 
evidence  of  the  death  of  George  Clarke,  from  the  representations  of 
William  Bloomfield,Er,q.  :iiirgeon,  and  Solomon  Starling-,  apotliecary; 
both  of  whom,  as  has  been  represented  to  Us,  attended  the  deceased 
before  his  death,  and  expressed  their  opinions  that  he  did  not  d\c  of 
the  blow  he  received  at  Brentford :  and  whereas  it  appears  to  Us,  that 
neither  of  the  said  persons  were  produced  as  witnesses  upon  the  trial, 
though  t'ne  said  Solomon  Starlini^hadbeen  examined  before  the  Co- 
roner ;  and  the  only  person  called  to  prove  that  tlie  deatli  (>f  the  said 
George  Clarke  was  occasioned  by  the  said  blow,  was  John  Foot,  sur- 
geon, who  never  saw  the  deceased  till  after  his  death  :  We  thought  (i^ 
thereupon  to  refer  the  said  representations,  together  with  the  report 
of  the  Recorder  of  Our  City  of  London,  of  the  evidence  given  by 
Richard  and  Wdliam  Beale,  and  the  said  John  Foot,  on  the  trial  of 
Edward  Qiiirk,  otherwise  called  Edward  Kirk,  otherwise  called  Ed- 
ward M'Qiiirk,  for  the  murder  of  the  said  Clarke,  to  the  master,  war- 
dens, and  tlie  res-  of  the  court  of  examiners  of  the  Surgeons  Company, 
commanding  them  likewise  to  take  such  further  examination  of  the 
said  persons  so  representing,  and  of  said  John  Foot,  as  they  miglit 
think  necessary,  together  witli  the  premises  above  mentioned,  to  form 
and  report  to  Us  their  opinion,  *'  Whether  it  did  or  did  not  ap])cnr  to 
**  them,  that  the  said  George  Clarke  died  in  consequence  of  tlie  blow 
**  he  received  in  the  riot  at  Brentford,  on  the  8th  of  December  last." 
And  the  said  court  of  examiners  of  the  Surgeons  Company  having 
thereupon  reported  to  Us  their  opinion,  **  That  it  did  not  appear  to 
*'  them  that  he  did;"  We  have  thought  proper  to  extend  Our  Royal 
mercy  to  him  the  said  Edward  Qiiirk,  otherwise  Edward  Kirk,  other- 
wise called  Edward  M'Qiiirk,  and  to  gi-ant  him  Our  free  pardon  for 
the  murder  of  the  said  George  Clarke,  of  wliich  he  has  been  found 
guilty.  Our  will  and  pleasure  therefore  is,  that  he  the  said  Edward 
Qiiirk,  otherwise  called  Kirk,  otherwise  called  Edward  M'Qiiirk,  be 
inserted  f  >r  the  said  murder  in  Our  first  and  next  general  pardon  that 
shall  come  out  for  the  poor  convicts  of  Newgate,  without  any  con- 
dition whatsoever  ;  and  that  in  the  m-ean  time  you  take  bail  for  his  ap- 
pearance, in  order  to  plead  Our  said  pardcn.  "  And  for  so  doing,  this 
shall  be  your  warrant. 

Given  at  Our  Court  at  St   Jame's,  the  10th  day  of  March  1769,  in 
the  ninth  year  of  Our  reign. 

By  his  Majesty's  command, 

ROCHFORD, 

o  our  trusty  and  well-beloved  James 

P^yre,  Esq.  R.ecorder  of  our  city  of 

London,  the  Sheriffs  of  Our  said  City 

and    County  of    Middlesex    and    all 

others  wlioin  it  may  concern. 

/  This  unfortunate  pers(m  had  been  persuaded  by  the  Duke  of 
Grafton  to  set  up  for  Middlesex,  his  Grace  being  determined  to  seat 
]um  in  the  House  of  Commons,  if  he  had  but  a  single  vote.  It  hap- 
pened unluckily  that  he  could  not  prevail  upon  anyone  freeholder -to 
mitliim  in  ncniination. 


•290 

-r/z  Sir  taleteller  Norton,  when  it  was  proposed  to  punisli  the 
slieiiff'5,  declared  in  the  House  of  Commons,  that  they,  in  returmng 
Mr.  Wilkes,  had  done  no  more  than  their  duty. 

n  Tlie  reader  is  desired  to  mark  this  prophecy. 

o  The  Duke,  about  this  time,  liad  separated  himself  from  Ann 
Parsons  *;  but  proposed  to  continue  imited  with  her,  on  some  Platonic 
terms  of  friendshij),  whicli  she  rejected  with  Contempt.  Kis  base- 
ness to  tliis  woman  is  beyond  description  or  belief. 

p  To  understand  these  passages,  the  reader  is  referred  to  a  noted 
pamphlet,  called,  ♦'  Tlie  History  of  the  Minority.*' 

q  His  Grace  had  lately  married  Miss  Wrottesly,  niece  of  the 
Good  Gertrude,  Duchess  of  Bedford. 

r  Miss  Liddel,  after  her  divorce  from  the  Duke,  married  "^Lord 
Uj^per  Ossory. 

s  The  wise  Duke,  about  this  time,  exerted  all  tlie  influence  of 
government  to  procure  addresses  to  satisfy  the  King  of  the  fidelity 
of  his  subjects.  They  came  in  very  thick  from  Scotland  ;  but,  after 
llie  appearance  of  this  letter,  we  heard  no  more  of  tliem. 

f  It  is  hardly  necessary  to  remind  the  reader  of  the  nameof  Brad- 
^liaw. 

u  Sir  John  Moore. 

'0  The  reader  w'.U  observe,  that  these  admissions  are  made,  not 
as  of  trutlis  unquestionable,  but  for  tb.c  sake  of  argument,  and  in, 
oi'der  to  bring  the  real  questiv)n  to  issue. 

Ku  Precedents,  in  opposition  to  principles,  have  little  weight  with 
Junius  ;  but  he  thouglit  it  necessary  to  meet  tlie  ministry  upon  their 
own  ground. 

X  Case  of  the  Middlesex  Election  considered,  p.  33. 

V  Tliis  is  still  meeting  the  ministry  upon Jiicir  own  ground;  fo-'. 
n'truth,  no  piecedents  will  support  either  i^.aiuralinjuslice,  or  vi 
'ion  of  positive  right. 

z  Mr.  Grenvillehad  quotf^d  a  passap-c  from  the  Doctor's  excellent 
CoHimentarics,  v/hich  directly  contradicted  the  docti'ine  ni.ii.'itained 
by  the  Doctor  in  the  House  of  Comm.ons. 

'  ^  (page  77.)  If,  in  stating  the  law  upon  any  point,  a  v:  -  ^  ^  '')e- 
ratcly  affirms  that  lie  lias  included  every  cuse,  and  it  siiould  appear 
tliat  he  has  purposely  omitted  a  material  case,  he  does  in  eflect  lay  a 
snare  for  the  unwary. 

/;.  It  is  v/ell  worth  remarking,  that  the  compiler  of  a  certnin 
railed  '*  The  case  of  tl^.e  last  electicn  for  the  county  of  M'  n- 

•  •'  sidercd,"haLi  th.e  impudence  to  recite  this  very  vote  i 
terms,  ^Ide  page  II.  "  Resolved,  tl;at  Uob(  rt  W: ' 
'■'  been  that  session  of  parliamer.t  cxifclied  tliC  Mc 
**  capu]>le  of  being  cl  1  ^  niembert'  :    ;        " 

'Mnent."  Tlierecnn.,  .rongerpos: 

of  tlie  compiler,  nor;,  j^u^'.g'-.r  presumptive 
vinccdthat  the  vote,  if  truly  reciteci,  would  o. 
ment. 


ii'iw  : 

ng 

iOlC,  o: 

1    '-i^-^pg" 

;c.  waN 

Kfid  is  in- 

■2bl 

C    T©    THE    PR1>^TEK    OF    THE    PUBLIC    ADVEP.TISER, 

3IR,  May  22.  177:. 

Very  early  in  the  debate  upon  the  decision  of  tlic  Middlesex 
election,  it  was  observed  by  Junius,  that  the  House  of  Commons  had 
not  only  exceeded  their  boasted  precedent  of  the  expulsion  and  con- 
sequent lnc:ipacitation  of  Mr.  Walpoie,  but  that  tliey  had  not  even 
adiiered  to  it' strictly  as  far  as  it  went.  After  convicting'  Mr.  Dyson 
of  giving'  a  false  quotation  from  tiie  Journals,  and  liiiving-  explained 
the  purpose  v/hich  that  contemptible  fraud  wa.'i  intended  to  ar.swer, 
he  proceeds  to  state  the  vote  itself  by  which  Mr.  Walpole's  supposed 
incapacity  was. declared,  viz. — "  Resolved,  That  Robert  Walpoie, 
"  r.scj.  liavinj^  been  this  session  of  parliament- committed  a  prisoner 
'  to  the  Tower,  ar>d  expelled  this  House  for. a  Iiig'h  breach  of  trust  in 
"  the  execution  of  his  oillce,  and  notorious  corruption  when  Secretary 
*'  at  War,  was  and  is  incapable  of  being*  elected  a  member  to  serve  in 
•'  the  present  parliament :" — and  then  observes,  that,  from  tlie  terms 
of  the  vote,  we  have  no  rig-ht  to  annex  one  incapacitation  to  the  ex- 
pulsion only ;  for  that,  as  the  proposition  stands  it  must  arise  equally 
from  the  expulsiow  and  the^commitment  to  the  Tower.  I  believe  Sir, 
MO  man  who  kuov/s  any  thing"  of  Dialectics,  or  who  understands  En- 
g-lish,  vriU  dispute  the  truth  and  fairness  of  this  construction.  But  Ju- 
nitis  has  u  g-reat  authority  to  support  him,  which,  to  speak  with  the 
Duke  of  Grafton,  I  accidentally  met  with  this  morning'  in  the  course 
of  my  reading.  It  contains  an  admonition,  whicli  caimot  be  repeated 
too  often.  Lord  Sommers,  in  his  excellent  tract  upon  the  right*  of 
the  people,  after  reciting'  the  votes  of  the  conventi»^n  of  the  28:h  of 
January  i68r,  viz. — **  That  King*  James  the  second  havint^ei^.deavour- 
**  ed  to  subvert  the  constitution  of  this  kingdom,  by  breaking  the 
**  original  contract  between  king*  and  people,  and  by  the  advice  of 
'*  Jesuits,  and  other  wicked  persons,  havhig"  violated  the  fundamental 
**  laws,  and  having-  withdrawn  himself  out  cf  this  kingdom,  hath 
''  abdicated  the  government,"  &,c. — m^kes  this  observation  upon  it: 
"  The  word  abdicated  relates  to  a/i  the  clauses  at'oregoing",  as  vrellas 
'*  to  his  deserting  the  kingdom,  or  else  they  would  have  been  whclry* 
*^  in  vain  "  And  that  there  might  be  no  ])retence  for  confining  the 
i" in:: cation  merely  to  the  I'dthdnmiiig,  Loi'd  Sommers  farther  obser\  es, 
*'  TliatKing  James,  by  refusing  to  goven\  us  according  to  that  lavy- 
**  by  which  he  held  the  crown,  implicitly  i-enounccd  his  title  to  it." 

If  Juniu^i's  ronrtniction  of  the  vote  r-pcainM  Mr.  Walpoie  ])e  nov.- 
admitted  -^  i::  can  honestlv  be 

disputed  :.  .         :.   .        .  ^    .  ,        .;.  must  either  give 

up  their  pi-cceclorit  tntircly>  or  ha.  reduced  lu  liie  necessity  of  main- 
taining one  of  the  grossest  absurdities  imaginable,  viz.  ''*  That  a 
*'  commitment  to  the  Tower  1.9. a  constituent  part  of,  and  contributes 
"  half  at  least  to,  the  incapacitation  of  the  person  v,ho  suffers  it." 

I  need  not  make  you  an}'  excuse  for  endeavoujing  to  keep  alive  tl-e 
attention  of  the  public  to  the  decision  of  the  Middlesex  election. 
The  more  I  consider  it,  the  more  I  am  convinced  that,  as  a  fact,  it  is 
indeed  highly  injurious  to  the  rights  of  the  people ;  but  tiiat,  as  a  pre- 
cedent, itib  one  of  the  most  dangerous  that  ever  was  established 


292 

against  those  who  are  to  come  after  us.     Yet  I  am  so  fav a  mociera 
man,    tl^at  I  vcnly  believe  the  majority  of  tlie  House  of  Commons 
vv.ien  they  pa' seel  tisis  dang^erous  vote,  neither  understood  the  ques- 
tion, nor  knew  the  consequence  of  what  they  were  doing-.     Their 
jr.etives  were  rather  despicable  than  criminal,  in  the  extreme.    One 
t-.iect  they  certainly  did  net  foresee,  "i  hev  are  now  reduced  to  sucli 
a  situatjor,  thr.t  if  a  member  of  tlie  present  House  of  Commons  were 
-o  c:  I. duct  himself  ever  so  improperly,  and  in  reality  deserve  to  be 
v^iit  buck  to  iiis  constituents  with  a  mark  of  disg'racej'they  would  not 
aare  to  expel  ]um  ;  because  they  know  that  the  people,  in  order  to 
ry^^ga'm  the  great  question  of  rij^ht,  or  to  thwart  an  odious  House 
i>i  Commons,  would  j)robabIy  overlook  his  immediate  unworthiness, 
aud  return  the  same  person  to  parliament.— But,  in  time,  the  prece- 
'  nc  Will  gain  strength.     A  future  House  of  Commons  will  have  n6 
-  h  apprehensions  ;  consequently  will  not  scruple  to  follow  a  prece- 
f    ;  :,  v,-])ich  they  did  not  establish.     The  miser  himself  seldom  lives, 
^  '       -y  the  fruit  of  his  extortion  ;  but  his  heir  succeeds  liim  of  course 
a-  > .  .  ..kcs  possession  without  censure.     No  man  expects  him  to  make 
^     U/jtion ;  and  lo  matter  for  his  title,  he  lives  quietly  upon  tlie  estate. 

pHiLo  Junius. 
a  Tiie  Duke  lately  lost  his  only  son,  by  a  fall  from  his  horse. 
e_At  this  interview,  win  oh  passed  at  the  house  of  the  late  Lord 
:-i:ruigton,  Lord  Bute  told  the  Duke  that  he  was- determined  never  to 
.ac  any  connection  with  a  man  who  had  so  basely  betrayed  him. 
/I;i  an  answer  in  Chancery,  in  a  suit  against  him  to  recover  a  large 
iiu  py.id  him  by  a  person  whom  he  had  undertaken  to  return  to  par- 
ament  for  one  of  his  Grace's  boroughs,  he  v,'as  compelled  to  repay 
he  money. 

g'  Of  Bedford  ;  w^here  the  tyrant  was  held  in  such  contempt  and 
letestation,  that,  in  order  to  dehver  themselves  from  him,  they  ad- 
mitted a  great  nuniber  of  strangers  to  the  freedom.     To  make  his. 
defeat  truly  ridiculous,  he  tried  his  whole  strength  against  Mr. 
Home,  and  was  beaten  upon  his  own  ground. 

b  Mr.  Heston  Homphrey,  a  country  attorney,  horsewhipped  the 
Duke,  with  et^ual  justice,  severity,  and  preseverance,  on  the  course 
at  Litchfield.  Kigby  and  Lord  Trentham  were  also  cudgelled  in  a 
most  exemplary  manner.  This  gave  rise  to  the  following  story  :• 
'*  When  the  late  King  heard  that  Sir  Edward  Hawke  had  given  the 
•*  French  a  drubbing,  his  Majesty,  who  had  never  received  that  kind 
"  of  chastisement,  was  pleased  to  ask  Lord  Chesterfield  the  meaning 
''*  of  the  word. — Sir,  says  Lord  Chesterfield,  tie  meaning  of  the  word 
"'  — but  here  comes  tJie  Duke  of  Bedford,  who  is  better  able  to  ex- 
**  plain  it  to  your  Majesty  than  I  am." 

i  Tliis  man,  not wltli standing  Ins  pride  and  Tory  principles,  had 
some  English  stuff  in  him.  Upon  an  official  letter  he  wrote  to  the 
Duke  of  Bedford,  the  Duke -desired  to  be  recalled,  and  it  \^as  with 
the  utmost  difficulty  that  Lord  Bute  could  appease  him. 
i  Mr.  Grenville,  Lord  Halifax,  and  Lord  Egremont. 
/  The  ministry  having  endeavoured  to  excUide  the  Dowag-er  out  of 
^the  regency  bill,*  the  Earl  of  Bute  determined  to  dismiss  them.   Upon 


this  Lue  Duke  of  Bedford  demanded  an  audience  of  the — ;  re[.ru-.c^i-^ 
him  in  plain  terms  with  Jus  duplicity,  baseness,  falsehood,  treachery 
hypocrisy — repeatedly  gave  Iiim  tlie  lie,  and  left  him  in  convulsions 
-in  He  received  three  thousand  pounds  for  plate  and  equipage  mo- 
ney. 

71  When  EarlGower  was  appohited  President  of  the  Cour.cil,  the 
King",  with  his   usual  sincerity,    assured  him  that  he  luid  not  had 
o]ie  happpy  moment  since  the  Duke  of  Bedford  left  him. 
o  Lords  Gower,  Weymouth  and  Sandwich. 

p  Was  Brutus  an  ancient  bravo  and  dark  assassin  :'  or  docs  Sir 
W.  D.  think  It  criminal  to  stab  a  tyrant  to  the  lieart  ? 

7  *'  Measures  and  not  men,"  is  the  common  cant  of  affected  mo- 
deration ; — a  base,  counterfeit  language,  fabricated  by  knaves,   and 
made  current  among  fools.     Such  gentle  censure  is  not  fitted  totlir. 
present  degenerate  state  of  society.     What  does  it  avail,  to  expo.-: 
the  absurd  contrivance  or  pernicious  tendency  of  measures,  if  tli 
man  who  advises  or  executes,  shall  be  sufi'ered  not  only  to  escape 
with  impunity,  but  even  to  preserve  his  power,  and  insult  us  with 
'le  favour  of  Ids  sovereign  !  I  would  recommend  to  the  reader  the 
;c  whole  of  Mr.  Pope's  letter  to  Dr.  Arburthnot,  dated  July  26, 
ir34,  from   which  the  following  is  an  extract:  **  To  reform,  and 
**  not  to  chastise,  I  am  afraid  is  impossible  ;  and  that  the  best  pro 
'«  cepts,    as  well  as  tJie    best  laws,    would  pro^•e  of  small  use,  i' 
"  there  were  no  exan^ples  to  enforce  them.     To  attack  vices  in  tli- 
**  abstract,  without  touching*  persons,  may  be  safe  fighting  indee(i 
'^  but  it  is   fighting  with  shadows.     My  greatest  comfort  and  ei 
*'  couragement  to  proceed,  has  been  to  see  that  those  v,  lio  have  : 
*«  shame,  and  not:  fear  of  any  thing  else,  have  appeared  touch  . 
^*  my  satires." 

r  Sir  Williani  gives  us  a   pleasant  account  of  men,  who,  in  LiS 
opinion  at  least,  are  the  best  qualified  to  govern  an  empire. 

s  This  gentleman  is  supposed  to  have  the  same  idea  of  blushing, 
:liat  a  man,  blind  from  his  birth,  has  of  scarlet  or  sky-blue. 

t  If  Sir  W.  D.  will  take  the  trouble  of  looking  into  Torcy's  Me- 
^uars,  he  will  see  with  wiiat  little  ceremony  a  bribe  may  be  ofiered 
>  a  Duke,  and  with  what  litttle  ceremony  it  was  only  not  accepted, 
u  Within  a  fortnight  after  Lord  Tavistock's  death,  tiie  venerable 
Gc^rtrudc  had  a  route  at  Bedford  House.     The  good  Duke  (who 
had  only  sixty  thousand  pounds)  a-}  ear  ordered  an  inventory  to  be 
taken  of  his  son's  wearing  ai^parel,  down  to  his  slippers,  sold  them 
all,  and  ]:)ut  the  n^oney  in  his  pocket.     The  amiable  Marchioness, 
shocked  at  sucli   brutal,  unfeeling  avarice,  gave  tlie  value  of  the 
clothes  to  the  Marquis's  servant,  out  of  her  own  purse.     That  in- 
comparable woman   did  not  long  survive  her  husband.     VvMien  she 
died,  the  Duchess  of  Bedford  treated  her  as  the  Duke  had  treated 
ills  only  son.     Slie  ordered  every  g'own  and  triiiket  to  be  solely  and 
ixicketed  the  money. — These  are  the  m.onsters  whom  Sir  Vv'iUiam 
Draper  comes  forward  to  defend  ! — May  God  protect  me  from  do ^ 
•'■;•  any  tiling  that  may  require  such  dcfence3  or  to  deserve  such 
.viidsbi-D  ? 

22 


so  Major-General  Gansel. 

=w  Lieutenant  Dodd. 

:c  Lieutenant  Garth.  * 

7  A  few  of  them  were  confined. 

z  A  little  before  the  publication  of  this  aiKl  iiiC  preceding  letiei, 
the  cliaste  Duke  of  Grafton  had  commenced  a  prosecution  ag-ainst 
Mr.  Samuel  Vaug-han,  for  endeavouring"  to  corrupt  his  JhtegriW,  by 
an  offer  of  five  thousand  pounds  for  a  patent  place  in  Jamaica.  A- 
rule  to  show  cause  mIiv  an  information  should  not  be  exhibited 
against  Vaughan  for  certain  misdemeanors,  being  granted  by  the 
Court  of  King's  Bench,  the  matter  Vv-as  solemnly  argued  on  tlie  2?tk 
of  Novemiber  1769,  and,  by  the  unanimous  opinion  of  the  four 
judges,  the  rule  was  made  absolute.  The  pleadings  and  speeches 
were  accurately  taken  in  short-hand,  and  published.  The  whole  of 
Lord  Mansfield's  speecli,  and  particularly  the  following  extract- 
2\-om  it,  deserve  the  readers  attention.  "  A  practice  of  the  kind 
*•  complained  of  here,  is  certainly  dishonourable  an^  scandalous.— 
'«  If  a  man  standing  under  the  relation,  of  an  officer  under  tlie  king*, 
*'  or  of  a  person  in  whom  the  king  puts  confidence,  or  of  a  minis- 
**  ter,  takes  moriey  for  the  use  of  that  confidence  tlieking  puts  in 
''  him,  he  basely  betrays  the  king, — he  basely  betrays  his  trust.— 
'-'  If  tlie  king  sold  the  oi^ice,  it  would  be  acting  contrary  to  the 
^'  trust  the  constitution  hath  i-eposed  in  him.  The  constitution 
**  does  not  intend  the  crown  should  sell  those  offices,  to  raise  a  rcr 
**  venue  out  of  tliem. — Is  it  possible  to  hesitate,  whether  this 
*«  would  not  be  criminal  in  the  Dukc' of  Grafton — contrai-y  to  hi? 
-'  duty  as  a  privy  counsellor — contrary  to  his  duty  as  a  minister — 
'  *  contrary  to  his  duty  as  a  subject  ? — His  advice  should  be  free, 
•»'  according  to  his  judgment. — It  is  the  duty  of  his  office  ; — he 
''*  hath  s^worn  to  it." — Notwithstanding  all  tlys,  the  chaste  Duke 
of  Grafton  certainly  sold  a  patent  place  to  Mr.  Hine,  for  three 
thousand  five  hundred  pounds  ;  and,  for  so  doing,  is  now  Lord 
Privy  Seal  to  the  chaste  George,  with  whose  piety  we  are  perpetu- 
-\iv  deafened.  If  the  House  of  Commons  had  done  their  duty,  and 
uipeached  the  black  Duke  for  this  most  infam.ous  breach  of  trust, 
how  woefully  mu-t  poor  honest  Mansfield  have  been  puzzled  !  His 
ombarrassmtnt  would  have  afforded  the  most  ridiculous  scene  that 
ever  was  exhibited.  To  save  the  worthy  judge  from  this  pei  plexit)', . 
and  the  no  less  worthy  Duke  from  impe^ichment,  the  prosecution 
ap-ainst  Vaughan  was  immediately  dropped  upon  my  discovery  and 
publication  i of  the  Duke's  treachery.  The  suffering  this  charge 
to  pass  without  any  inoj^uiry,  fixes  shameless  prostitution  upon  the 
face  of  tlie  House  of  Commons,  more  strongly  thi^  even  the  Mid- 
dlesex election. — Yet  the  licentiousness  of  tlie  pres?is  complained 
.jf ! 

'    «  (p^g^^26  )  From  the  publication  of  the  preceding  to  this  date, 
.ot  one  word  was  said  in  defence  of  the  infamous  Duke  of  Grafton. 

Uit  vice  ai^d  impudence  soon  recovered  themselves,  and  the  sale  of 
the  roval  favour  was  openly  avowed  and  defended.     We  acknow 
^j;kri  the  niety  ef  St.  Jamcs'3  j.  but  vv-liat  hasl^ecome  of  its  morality 


^95' 

b  And  ljy^ii<*  same  meatis  preserves  It  to  this  hour. 

c  Tommy  Bradsliaw. 
•   d  Mr.  Taylor.     He  and  Geori^e  Ross    (the  Scotch  agent,  ar.v; 
wortliy  confident  of  Lord  Mansfield)  managed  the  business. 

e  The  plan  of  tutelage  and  future  dominion  over  the  heir-apparent, 
laid  many  years  ago  at  Carlton-house,  between  the  Princess  Dowu- 
ger  and  Kef  favourite  the  Earl  of  Bute,  was  as  gross  and  palpable 
as  that  which  was  concerted  between  Anne  of  Austria  and  Cardi- 
nal Mazarin,  to  govern  Lewis  the  P'ourteenth,  and  in  eiTect  to  pro- 
long his  minority  until  the  end  of  their  lives.  Tliat  Prince  had 
strong  natural  parts,  and  used  frequently  to  blush  for  his  own  igno- 
rance and  want  of  education,  which  had  been  willfully  neglected  by 
his  mother  and  her  minion.  A  little,  experience,  liovvever,  soori 
allowed  him  how  shamefully  he  had  been  treated,  and  for  what  in- 
\imous  purposes  he  had  been  kept  in  ignorance.  Our  great 
lldward  too,  at  an  early  period,  had  sense  enough  to  under- 
stand the  nature  of  the  connection  between  his  abandoned ' 
mother'  and  the  detested  Mortimer.  But,  since  that  time^ 
human  nature,  we  may  observe,  is  greatly  altered  for  the  bet- 
ter. Dowagers  may  be  chaste,  and  minions  may  be  honest. 
When  it  was  proposed  to  settle  the  present  King's  household,  as 
Priiice  of  Wales,  it  is  well  known  that  the  Earl  of  Bute  was  forced 
into  it,  in  dii-ect  contradiction  to  the  late  king's  inclination.  That 
was  the  salient  point,  from  which  all  the  mischiefs  and  disgraces  of 
the  present  reign  took  life  and  motion.  From  that  moment  Lord 
Bute  never  sufl'eredthe  Prince  of  Wales  to  be  an  Instant  out  of  lii 
sight. — We  need  not  look  farther. 

y  One  of  the  first  Jicts  of  the  present  reign,  was  to  dismiss  Mr^ 
Legge,  because  he  had  some  years  before  refused  to  yield  jiis  inte- 
rest in  Hampshire  to  a  Scotchman  recommended  by  Lord  Bute. 
This  was  the  reason  publicly  assigned  by  his  Lordship. 
,  g  Viscount  Townshend  sent  over  on  the  plan  of  being  resident 
govjsrnor.  The  history  of  liis. ridiculous  administration  shall  not  be 
k)st  to  the  pubUc. 

Jb  In  the  King's  speech  of  8th  No^'ember  1768,  it  was  declared, 
''  That  the  spirit  of  faction  had  broken  out  afresh  in  some  of  the 
**  colonies,  and,  in  one  of  them,  proceeded  to  acts  of  violence  and 
'*  resistance  to  the  execution  of  the  laws  ; — that  Boston  was  in  a  state 
**  of  disobedience  to  all  law  and  government.,  and  had  proceeded  to 
'*  measures  subversive  of  the  constitution,  and  attended  with  circum- 
"  stances  that  maniiested  a  disposition  to  throw  off  their  dependence 
"  on  Great  Britain." 

/  The  number  of  commissioned  officers  in  the  guards,  are  to  the 
marching  regiments  as  one  to  eleven  ;  the  number  of  regiments 
given  to  tlie  guards,  compared  with  those  given  to  tlie  hne,  is  about 
three  to  one,  at  a  moderate  computation  ;  consequently  the  partiality 
ill  favour  of  the  guards  is  as  thirty -three  to  one. — So  much  for  the 
ofricers. — The  private  men  have  four-pence  a  day  to  s:.bsist  on,  and 
^'ve  lunidred  lashes  if  they  desert.  Under  this  punisliment  they 
■  ;-:?ntiy  expire.  With  these  encourage jr^.enl'-,  it  is  supposed,  they 


296 

may  be  depended  upon,  whenever  a  certain  person  thinks  h  neces^ 
sary  to  hutchevhis  felhiii'sudjects. 

^  Sacro  treniuere  dniore.  Every  coward  pretends  to-be  planet- 
struck. 

/  There  was  something- wonderfully  pathetic  In  the  mention  of  the 
horned  cattle. 

'>n  The  Bedford  party. 

71  The  most  secret  particulars  of  this  detestable  transaction  shall 
in  due  time  be  g-lven  to  the  public.  The  people  shall  know  what 
kind  of  man  they  have  ."to  deal  with. 

o  Mr.  Stewart  Mackenzie. 

p  A  pension  of  15001.  per  annum,  insured  upon  the  4  1-half  per 
cents,  (he  was  too  cunning"  to  trust  in  Irisli  security)  for  the  lives  of 
himself  and  all  his  sons.  This  gentleman,  who  a  very  few  years  ago 
was  a  clerk  to  a  contractor  for  forage,  and  afterwards  exalted  to  a 
petty  ])ost  in  the  War  Office,  thought  it  necessary  (as  soon  as  he  was 
appointed  Secretary  to  the  Treasury)  to  take  that  great  house  in 
I.incoln's-Inn-Fields,  in  which  the  Earl  of  Northington  had  resided 
vrhile  he  was  Lord  High  Chancellor  of  Great  Britain.  As  to  the- 
pension,  Lord  Nortli  xo-vy  solemnly  assured  the  House  of  Commons, 
that  no  pension  was  ever  so, well  deserved  as  Mr.  Bradshau's. — 
N.  B.  Lord  Camden  and  Sir  Jeifery  Amiierst  arc  not  near  so  well 
provided  for  ;  and  Sir  Edward  Hawke,  who  saved  the  state,  retires 
with  tv/o  thousand  pounds  a-year  on  the  Irish  establishment,  from 
wliich  he  in  fact  receives  less  than  Mr.  Bradshaw^s  pension. 

q  This  eloquent  person  has  got  as  far  as  the  discipline  of  Demost- 
henes. He  constantly  speaks  vv'ith  pebbles  in  his  mouth,  to  imjirove 
his  articulation. 

r  When  his  Majesty  had  done  reading  his  speech.  The  Lord 
Mayor,  &.c.  had  the  honour  of  kii3sing  his  Majesty's  hand  ;  after 
which,  as  they  w^ere  withdrawing,  his  Majesty  instantly  turned  rourid 
to  his  courtiers,  and  burst  out  a  laughing*. — 

*'  Nero  fiddled,  while  Rome  was  burning."  John  Horne. 

^  This  graceful  minister  is  oddly  constructed.  His  tongue  is  a 
little  too  big  for  his  mouth,  and  his  eyes  a  great  deal  too  big-  for  their 
sockets.  Every  part  of  his  person  sets  natural  proportion  atdeiiance. 
At  tiiis  present  writing,  his  head  is  supposed  to  be  much  too  heavy 
for  his  shoulders. 

t  About  this  time  the  courtiers  talked  of  nothing  but  a  bill  of 
pains  and  penalties  against  the  Lord  Mayor  and  sherifls,  or  impeach- 
ment at  the  least.  Little  Manniken  Ellis  told  the  King,  that,  if  the 
business  were  left  to  his  management,  he  v/ould  engage  to  do  v^'on- 
ders.  It  was  thought  very  odd,  that  a  motion  of  so  much  importance 
should  be  intrusted  to  the  most  contemptible  little  piece  of  machi- 
nery in  the  whole  kingdom.  His  houest  zeal  liowevev,  was  disap- 
pointed. The  m.mister  took  fright;  and,  at  the  very  instant  that 
little  Ellis  was  goirig  to  open,  sent  him  ari  order  to  sit  down.  All 
their  magnanin^ous  threats  ended  in  a  ridiculous  vote  of  censure,  and 
a  still  more  ridicuiciis  add  ess  to  the  King.  This  shameful  desertion 
,:o  afHiGted  the  generous  mind  of  George  the  Third,  that  he  was 


297 

-u^yljgcd  to  live  upon  potatoes  for  three  weeks,  to  keep  oiF  a  malignant 
lever. — Poor  man  \-—Qi.iis  taliafando  temperet  a  lacbrytnis  ! 

u  After  a  certain  person  had  succeeded  in  cajolling'  Mr<  Yorke, 
he  to'd  the  Duke  of  Grafton,  with  a  witty  sm.ile,  "  My  Lord,  yoii 
"  may  kill  the  next  Percy  yourself" — N  B.  He  had  but  that  instant 
wiped  the  tears  away  which  overcame  Mr.  Yorke. 

V  Every  true  friend  of  tlie  House  of  Brunswick  sees  with  affliction, 
how  rapidly  some  of  the  principal  branches  of  the  family  have 
dropped  off. 

iu  This  extravag-ant  resolution  appears  in  the  votes  of  the  House; 
but  in  the  minutes  of  tlie  committees,  the  instances  of  resolutions 
(  oiitrary  to  law  and  truth,  or  of  refusals  to  acknowledge  law  and 
truth,  v.hcn  proposed  to  them,  are  innumerable. 

X  When  the  King  first  made  it  a  measure  of  his  government  to 
destroy  Mr.  Wilkes,  and  when  fortius  purpose  it  was  necessary  to 
run  down  privileges,  Sir  Fletcher  Norton,  with  his  usual  prostituted 
^ifrontery,  assured  tlie  House  of  Commons,  that  he  should  regard  one 
';)f  their  votes  no  more  than  a  resolution  of  so  many  drunken  porters. 
['his  is  the  very  lawyer  whom  Ben  Johnson  describes  in  the  foUow- 
.i:g  lines: 

**  Gives  forked  counsel ;  takes  provoking  gold, 
"  On  either  hand,  and  j>uts  it  up. 
**   So  wise,  so  grave,  of  so  perplex'd  a  tongue, 
*'  And  loud  withal,  that  would  not  wag,  nor  scarce 
*^  Lie  still  whhout  a  fee." 
y  The  man  who  resists  and  overcomes  this  iniquitous  power  as- 
sumed by  the  Lords,  must  be  supported  by  the  whole  people.     We 
have  the  laws  on  our  side,  and  want  nothing  but  an  intrepid  leader. 
When  such  a  man  stands  forth,  let  the  natioi^  look  to  it.      It  is  not 
his  cause,  but  our  own. 

z  The  examination  of  this  firm,  honest  man,  is  printed  for  Almon. 
The  reader  vvill  find  it  a  most  curious  and  most  interesting  tract. 
Dr.  Musgrave,  with  no  other  support  but  truth  and  his  own  firm- 
ness, resisted  and  overcame  the  whole  House  of  Commons. 

a  (page  164.)  **  A.n  ignorant,  mercenary,  and  servile  crew;{unani- 
**  mous  in  evil,  diligent  in  mischief,  variable  in  principles,  constant  to 
'*  flattery,   talkers  for  liberty,  but  slaves  to  power; — stiling  thefr- 
*/  selves  the  court  party,  and  the  prince's  only  friends."     Dai^cna.. 
b  Miss  Kennedy. 

c  He  now  says  that  his  great  object  is  the  rank  of  Colonel,  and 
that  lie  will  have  it. 

d  This  infamous  transaction  ought  to  be  explained  to  the  public. 
Colonel  Gisborne  was  Q^iarter-Master-General  in  Ireland.  Lord 
Tov,nshend  persuades  him  to  resigns  to  a  Scotch  off.cer,  one  Fraser, 
and  gives  him  the  government  of  Kinsale. — Colonel  Cunninghame 
was  Adjutant-General  in  Ireland.  Lord  Tov/nshend  offers  him  a 
pension, to  induce  him  to  resign  to  Luttrell.  Cunninghame  treats  the 
of^er  with  contempt.  What's  to  be  done  \  Poor  Gisborne  must  move 
or.ce  more. — ^He  accepts  of  a  pension  of  5001.  a  year,  until  a  govern-. 


>;9S 

ment  of  greater  value  shall  become  vacant.  Colont-i  Cuning-haine  is 
made  Governor  of  Kinsale:  and  Luttreil,  at  last,  for  v/hom  the  whole 
machinery  is  put  in  motion,  becomes  Adjutant-General,  and  in  effect 
takes  the  command  of  the  army  jn  Ireland. 

c  This  man  was  always  a  rank  Tncobite.  Lord  Ravensworth  produ- 
«»ed  the  most  satisfactory  evif'ence  of  his  having  frequently  draiik 
the  Pretender's  health  upon  Ins  Ki^-es 

y  Confidential  Secretary  to  the  late  Pretender.  This  circumstance 
^n firmed  the  friendship  between  the  brothers. 

g  The  oppression  of  an  obscure  hidividuul  gave  birth  to  tlie  famous 
Habeas  Corpus  Act  of  31st  Car.  II.  which  is  frequently  considered 
as  another  Magna  Cliarta  of  tlie  kingdom.  BlacksUme,  iii.  135, 

h  Bingley  was  committed  for  contempt,  in  not  submitting  to  be  ex- 
amined. He  lay  in  prison  two  years,  until  the  Crown  thought  the 
matter  might  occasion  some  serious  complaint ;  and  therefore  he 
,vas  let  out,  in  the  same  contumelious  state  he  had  been  put  in. 
With  all  Ins  sins  about  him,  unanointed  and  unannealed. — There  was 
much  coquetry  between  the  Court  and-the  Attorney-General,  about, 
who  should  underg'o  the  ridicule  of  lettmg  hira  e scape. —r/i/e  ano- 
ther Letter  to  Almon,  p  189. 

i  The  philosophical  poet  doth  notably  describe  the  damnable  and 
damned  proceedhigs  of  tlie  judge  of  hell, — 

'*  Gnossius  hacc  Rhadamanthus  habet  durissima  regma, 
"  Castigatque,  auditque  dolos,  subigitque  fateri." 

Frst  he  punisheth,  and  then  he  heareth,  and  lastly  compelleth  to 
confess,  and  makes  and  m.ars  laws  at  his  pleasure;  like  as  the  Cen- 
turion, in  the  holy  history,  did  to  St.  Paul;  for  the  text  salth  "  Centu- 
*'  rio  apprehendi  Paulum  jussit,  et  se  catenis  eligar; ;  et  tvmc  in^ 
*'  TtRr.GGABAT,  quis  luisset,  et  quid  fecisset.**  But  good  judges 
abhor  these  courses.  Coke,  2  List.  55, 

k  Directly  the  reverse  of  the  doctrine  he  constantly  maintained  in 
the  House  of  Lords,  and  elsewhere,  upon  the  decision  of  the  Mid> 
dlesex  election.  He  invarably  asserted,  that  the  decision  mubt  be 
iegal,  because  the  court  was  competent;  and  never  could  be  prevailed 
on  to  enter  farther  into  the  question. 

/  These  iniquitous  prosecutions  cost  tlie  best  of  princes  six 
thousand  pounds,  and  ended  in  the  total  defeat  and  disgrace  of  the 
X^rosecutors.  In  the  course  of  one  of  th.em,  Judge  Aston  had  the 
unparralleled  impudence  to  tell  Mr.  Morris  (a  gentleman  of  un- 
questionable honour  and  integrity,  andwlio  was  then  giving  his  evi- 
dence on  oath),  tliat*'  he  should  pay  very  little  regard  to  any  affidavit 
he  should  make." 

w  He  said  in  the  House  of  Lords,  tliat  he  believed  he  should  car^ 
ry  his  opinion  with  him  to  tlie  gra-^e.  It  was  afterv/ards  reported 
that  he  liad  intrusted  it,  in  special  confidence,  to  the  ingenious  Duke 
©f  Cumberland. 

n  This  paragraph  gpgged  poor  Leigh.  I  really  am  concerned  for 
,:the  man,  and  wish  it  were  possibly  to  open  his  mouth. — He  i^  .^'. 
very  pretty  crater. 


©The  King-'s  acceptance  of  the  Spanisli  ambassadoi's  declaration 
iS  drawn  up  in  babarous  French,  and  signed  by  the  Earl  of  Ilocl.ford. 
This  diplomatic  Lord  has  spent  his  life  In  the  study  and  pvauiice  of 
etiquettes,  and  is  supposed  to  be  a  profound  master  of  cerenionies. 
I  will  not  insult  him  by  any  reference  ir,  g-rammaror  common  sense; 
if  he  were  6Yen  acquainted  with  the  common  forms  of  his  office,  I 
should  think  him  as  well  qiialified  for  it  as  any  man  in  his  Majesty's 
service. — The  reader  is  requested  to  observe  Lord  Rocliford's  me- 
thod of  authenticating"  a  public  instrument.  '•'  En  ibi  de  quoi,  moi 
'*  soussigne,  un  des  principaux  Secretaires  d'Etat  S  M.  B.  ai  sigiie 
'*  la  presente  de  ma  &igi.ature  ordinaire,  et  icelle  fait  apposer  le 
'*  cachet  de  nos  Armes.'* — In  three  lines  there  are  no  less  than  seven 
false  concords  But  tlie  man  does  not  even  know  the  style  of  his  office. 
Iff  he  had  known  it,  he  would  have  said,  **  nous  soussig-ne  Seci'ctaire 
"  d'Etat  de  S.  M.  B.  avons  signe,"  &c. 

p  A  mistake.  He  appears  before  them  eveiy  day  with  the  mark 
of  a  blow  upon  his  face. — Pro^  pudor  / 

q  1  he  necessity  of  securing  the  House  oi  Commons  against  tlie 
King's  power,  so  that  no  interruption  mig-ht  be  given  eitlier  to  the 
attendance  of  tlio  members  in'^parliament,  or  to  the  freedom  of  de- 
bate, was  the  foundation  of  parliamentary  privilege  ;  and  we  may 
i;bserve,  in  all  t!ie  addresses  of  new  appointed  Speakers  to  the  So- 
vereign, the  utmost  privileg-c  they  demand,  is  liberty  of  speech,  and 
tVecdom  from  arrests.  The  very  word  privilege  means  no  more  than 
immunity,  or  a  safeguard  to  the  party  who  possesses  ii,  and  can  never 
be  construed  into  ah  active  power  of  invading  tiie  rights  of  others . 

r  In  the  years  1595— 159r—and  1601. 

,v  V\)(m  their  own  principles,  they  should  have  committed  Mr. 

Willies,  Wiio  hadlicen  guilty  ofa  g-reater  offence  than  even  the  Lord 

Mayor  or  Alderman  Oliver.     But  after  repeatedly  ordeiing  him  to 

ittend,  thcv  at  last  adjourned  beyond  the  day  app(.intcd  for  his  atten- 

this  mean,  ])itirul  evasion,  gave  up  the  point. — Sucli 

.  conscious  guilt ! 

t  'V  If  it  be  demanded,  in  case  a  subject  should  be  committed  by 

''  ritlicr  House  for  a  matter  manifestly  out  of  their  jurisdicti()n,  what 

n.c'ly  can  he  have  ?   I  answer.  That  it  cannct  well  be  imag'ined 

;,  ;.t  tic  law  which  favours  nothing  more  than  the  liberty  of  tlic 

'-  subject,  should  give  us  a  remedy  against  commitments  by  the  King 

'^  himself,  appearing  to  be  illegal,  vul  yet  give  us  nomanner  of  redress 

*•  against  our  commitment  by  our  fellow  subjects,  equally  appeariuf^ 

'••  to  be  unwarranted.      But  as  this  is  a  case  which  I  am  persuadecl 

''  >,,;!!  p.r-or  liRppcn,  it  seems  needless  over-nicely  to  examine  it." — 

:i.  110. — N.  B.  He  was  a  good  lav.yer,  but  no  prophet. 

':]\>''>v  ^iViirtlce  miglit  be  eve  rv  w  jy  conformable  to  tlieir 

;        :     .  roceeded  'j:  '      ^  .  n  to  pubhsl)   a 

.  ■  .  -;m;;.  Jicknowied^    ;.  ,o.    Mr.  Mcireton 

p;;bVi;  ,  -C:  ugaiiibt  it  before  it  vva>  and  Lord  Mans- 

V-!;'  .'.  ;'?i-vipui'**'s  to  ?^n  cxtrep  of  it  with  horror 

'     '  -       ..'  •'  .0  lidvised  '"  ■    .  • 


30(T 

niatioi:,  and  who  hear  it  arraigned  ever}'-  day  both  witliin  doers  and 
V.  itliout,  are  not  daring  enough  to  utter  one  word  in  its  defence  ; 
nor  have  they  ventured  to  take  the  least  notice  of  Mr.  Wiike:i  for 
discharging  the  persons  apprehended  under  it. 

'c  Lord  Chatham  very  properly  called  this  the  act  of  a  mob,  not  ol 
a  senate. 

'D  When  Mr.  Wilkes  was  to  be  punished,  they  made  no  scruple' 
about  the  privileges  of  parliament :  and  although  it  was  as  well 
known  as  any  matter  of  public  record  and  uninterrupted  custom 
could  be,  '*  that  the  members  of  either  House  are  privileged,  ex* 
*'  ceptin  case  of  treason,  felony,  or  breach  ?)i  peace,"  they  declared^ 
without  hesitatio!!,  "  that  privilege  of  parliament  did  not  extend  to 
**  the  case  of  a  seditious  libel;"  and  undoubtedly  they  would  have 
done  the  same,  if  Mr.  Wilkes  had  been  prosecuted  for  any  other 
misdemeanor  whatsoever.  The  ministry  are  of  a  sudden  gi'own  won- 
derfully careful  of  privileges,  w^hich  their  predecessors  were  as  ready 
to  invade.  The  known  laws  of  the  land,  the  riglits  of  the  subject, 
the  sanctity  of  charters,  and  the  reverence  due  to  our  magistrates, 
must  all  give  way,  witliout  question  or  resistance,  to  a  privilege  of 
which  no  man  knows  either  the  origin  or  the  extent.  I  he  House 
of  Commons  judge  of  their  ow^n  privileges  without  appeal ;  they  may 
take  oifence  at  the  most  innocent  action,  and  imprison  the  person 
who  offends  tliem  during  their  arbitrary  v/ill  and  pleasure.  The  party 
has  no  remedy;  he  cannot  appeal  from  their  jurisdiciion  ;  and  if  he 
questions  the  privilege  Vv'hich  he  is  supposed  to  have  violated,  it 
becomes  an  aggravation  of  his  oftence.  Surely  this  doctrine  is  not 
to  be  found  in  Magna  Charta.  If  it  be  admitted  wii.h:>ut  limitation, 
I  affirm  that  there  is  neither  law  nor  liberty  in  this  kingd;/m.  We 
are  the  slaves  of  the  House  of  Commons;  and  through  them  we  are 
the  slaves  of  the  King  and  his  m'm'istevs.^^ Ajionymous, 

X  If  there  be  in  reality  any  such  law  in  England  as  the  law  of  par- 
liament, v/hich  (under  the  exceptions  stated  in  my  letter  on  privi- 
lege), I  confess,  after  long  deliberation,  1  very  much  doubt,  it  cer- 
tainly is  not  constituted  by,  nor  can  it  be  collected  from,  ti:e  resolu- 
tions of  either  House,  whether  enacting  or  declaratory.  "  I  desire  the 
reader  will  compare  the  above  resolution  of  the  year  1704  with  the 
follov/ing  of  the  third  of  April  1628  —"  Resolved,  i  huX  tl^e  vrrit  of 
*'  Habeas  Corpus  cannot  be  denied,  but  ought  to  be  granted  to  every 
'*  man  that  is  committed  or  detained  in  prison,  or  otherwise  restrained  ^ 
'*  by  the  command  of  the  King,  the  Privy  Council,  or  f>ny  other,  he 
'«  praying  the  same." 

y  I'he  Duke  was  lately  appointed  Lord  Privy  Seal. 

z  A  superb  villa  of  Colonel  Eurgoyne,  about  this  time  advertised 
for  sale. 

a  (page  203.)  It  will  appear  by  a  subi^equent  letter,  tliat  the  Duke's 
precipitation  proved  fatal  to  the  gra)it  It  looks  like  th.e  hurry  and  con- 
fusion of  ayounghighwayinan,  who  takes  a  few  shillii:gs,  but  leaves  the 
purse  and  watch  behind  him: — And  yet  the  Duke  was  an  old  offender; 

h  By  an  intercepted  letter  from  the  Secrttary  of  li:c  Trc:  :-ury,  it 
appeared,  "  that  tiie  fiiends  cf  govemaient  \\  ore  to  Ix;  very  active  '  v.\ 
'^:u})porting  the  ministerial  Rumination  of  siiei"iffy- 


c  1  beg  leave  to  introduce  Mr.  Home  to  the  charaeter  ci'  the  Double 
l^ekier.  I  ilioiight  tliey  had  been  better  acquainted. — **  Another  very 
'*  w'Jong  objection  has  been  made  by  some,  who  have  not  taken  leisure 
'*  to  distinguish  the  characters.  The  hero  of  tlie  play  (meaning  Mell- 
"  foni,  is  aguh,  and  made  a  fool,  and  cheated — Is  eveiy  man  aguU 
*'  and  a  fool  tliat  is  deceived  ? — At  that  rate,  I  am  afraid  tlie  two 
''  classes  of  m.en  will  be  reduced  to  one,  and  the  knaves  thcmselvcf? 
.*'  bo  ai.  a  loss  to  justify  their  title.  But  if  an  o|:ien  lionest-hearted 
**  man,  who  has  an  entire  confidence  in  one  whom  he  takes  to  be 
**  his  friend,  and  who  (to  confirm  him  in  his  opinion),  in  all  appear- 
*♦  ance,  and  upon  several  trials,  has  been  so  ;  if  this  man  be  de- 
**^  ceived  by  the  ti-euchery  of  the  other,  must  he  of  necessity  com- 
"  mence  fool  immediately,  only  because  the  other  has  proved  a 
"  villain  ?" — Yes,  says  Parson  Home  ;  No,  says  Cong-reve  ;  and  he, 
I  think,  is  allowed  to' have  known  something"  of  human  nature. 

d  The  very  soliloquy  of  Lord  SutVolk  before  he  passed  the  Rubi- 
con. 

e  The  epitaph  would  not  be  ill  .suited  to  the  character;  at  the 
best,  it  is  but  equivocal. 

f  I  confine  myself  strictly  to  seamen  ; — if  any  others  are  pressed,  it 
IS  a  gross  abuse,  which  the  magistrate  can  and  should  correct. 

^  There  is  a  certain  family  in  this  country,  on  which  nature  seems 
to  have  entailed  an  hereditary  baseness  of  disposition.  As  far  as 
tlieu'  history  has  been  known,  the  son  has  regularly  improved  upon 
tlie  vices  of  his  father,  and  has  taken  care  to  transmit  them  pure 
and  undiminisrhed  into  the  bosom  of  his  successor.  In  tlie  senate, 
their  abilities  have  confined  them  to  those  humble,  sordid  services  in 
which  the  scavengers  of  the  ministry  are  usually  employed.  But> 
in  the  memoirs  of  private  treachery,  they  stand  first  and  unrivalled. 
The  follov/ing  story  will  serve  to  illustrate  the  character  of  this 
respectable  family,  and  to  convince  the  world  that  the  present  pos- 
sessor has  as  clear  a  title  to  the  infamy  of  \\\i  ancestors  as  he  has 
to  their  estate.  It  deserves  to  be  recorded  for  the  curiosity  of  the 
fact,  and  should  be  given  to  the  public  as  a  warning  to  every  honest 
member  of  society. 

1  he  ])re£ent  Lord  Irnham,  who  is  now  in  the  decline  of  life,  lately 
cultivated  the  acquaintance  of  a  younger  brother  of  a  family  with 
which  he  had  lived  in  some  degree  of  intimacy  and  friendship  The 
young'  man  nad  long  been  the  dupe  of  a  most  unhappy  attachment  to 
:i  common  prostitute.  His  friends  and  relations  foresaw  the  conse- 
quences of  this  connection,  and  did  every  thing  that  depended  upon 
them  to  save  him  from  ruin.  But  he  had  a  friend  in  Lord  Irnham, 
v/hose  advice  rendered  all  their  endeavours  ineifectual.  This  hoary 
Icacher,  not  contented  with  the  enjoyment  of  his  friend's  mistress, 
was  base  enough  to  ta'ie  advantag'e  of  tiie  passions  and  folly  of  a  young 
man,  and  persuaded  him  to  marry  her.  He  descended  even  toper- 
f  ji-m  the  office  of  father  to  the  prostitute.  He  gave  her  to  his  friend, 
V.  ho  v.- as  on  the  point  of  leaving  the  kingdom,  arid  the  next  night  lay 
V. iih  her  himself. 


302 

Whether  the  depravity  of  the  human  heart  can  produce  any  thing 
more  base  and  detestable  than  tliis  fact,  must  be  left  undetermined, 
until  the  son  shall  arrive  at  the  fathers  age  and  experience. 

b  4  Inst.  41.  66. 

2  Blackstone,  4.  303. 

A  1  Ed    III.  cap.  8.  and  7  Rich.  II.  cap.  4. 

**  /Videturque  le  statute  de  mainprise  n  *est  que  rehersal  d'.. 
*'  menley." — Bro.  Muinp.  61. 

??i  **  There  are  three  points  to  be  considered  in  the  construction  of 
^^  all  remedial  statutes; — the  old  law,  the  mischief,  and  the  re- 
-*  medy ; — that  is,  how  the  common  law  stood  at  the  making*  of  the 
*'  act,  what  the  mischief  was  for  which  the  common  law  did  not  pro- 
**  vide,  and  what  remedy  the  parliament  hath  provided  to  ciire  this 
*■'  mischief.  It  is  the  business  of  the  judges  so  to  construe  the  act 
*'  as  to  suppress  the  mischief  and  advance  the  remedy." — Blackstone  ^ 
i.  87. 

n  2  Hale.  P.  C.  128.  136. 

o  Blackstone,  iv.  296. 

p  2  Hale,  P.  C  ii.  124. 

q  Vide  2d  Inst  .150. 186. —The  word  rcpl€<vtsablc  never  signifies  bail- 
'*  able.  Bailable  is  in  a  court  of  record  by  the  King's  justices;  but 
'^  repleinsable  IS  hy  XViC   Sheriff." — Selcle?i,    State  Tr.    vii,    149. 

r  Selden,  by  N.  Bacon,  182. 

^'  Parliamentary  Mistoi^,  i.  82. 

:  Parliamentary  Histor}',  ii.  419. 

u  Blackstone,  iv.  loT. 

51  It  has  been  the  stu^^^v  of  Lord  Mansfield  to  reimove  landmark^ 


INDEX. 


N*.  3.  The-  Letters  of  the  Alphabtt  (a,  l:fc.)  refer  to  the  Note^  at  tJce 
End  of  the  Volume, 


America,  Mr.  Pitt  and  Lord 

;amden  the  ])alrons  of,  page  20; 
..  new  office  establitjUed  for  the 

•Lsiness  of,  21. 

Arm  V,  young"  g-cntlemen.  com- 
.ij^  into  it,  said  to  be  a  security 
■  :<  tile  icini^dcini  from  foreign  as 
-  cU  as  domestic  slavery,  34;, ma- 

V  of  our  forces  in  climates  un- 
;  '\'ourable  to  British  constitu- 
tions, 35  ;  the  insult  olfered  to  it, 
by  appointing   Colonel    LuttreU 

\djutant>Generalof  Ircland,167. 

B 

BncKFORD  M.  his  sumptuous 
entertainment  at  the  Mansion- 
house,  220. 

Bedford,  Corporation  of,  ad- 
;:!it  stang-ers  to  their  freedom  to 

hake  oft'  the  tyrannv  of  the  Duke 
of  Bedford  (tf  ,  290;  Duke  of;  a 
letter  to  Ins  Gr:\'je  from  Tunins, 
-4;    lus   iee:".      :    -  *-•■    ''^  ■■■    y^^ 

lidg-edfrom 

what  his  Grace  was  vaki  wnat 
lie  might  have  been,  95 ;  his 
-'\vovv\al  of  the  sale  of  a  borougli, 
,'(> ;    accused  of  insensibility  on 

iie  loss  of  Ills  son,  ib.;  his  Grace 
every  \v,it  unf.)rtu]i:i.te,  97';  hi3 
r]ubassy  ut  Ver^rdlles  tlie  first  im- 
portant   ])ait  of   his  liistory,   ib.; 

Iiose  who  are  ac(|uainted  wit'i 
•i's  Grace's  pecani:ii'y  character, 

re  apt  to  suspect  ,s\ [■.:■.  s.'irrificcs 
ould  not  have  been  made  v.  ith- 

;iit  some  private  com!;ensations, 
i-'8 ;  sti[)ulations  made  betwixt 
hlin  and  Lord  Bute,  and  violated, 
ib.;    behaves   to  the   hhig'  in  an 


outrageous  manner  (i),  292  :  so 
licits  ag-ain  thefriendship  of  I.orci 
Bute,  98  ;  his  measures  to  obtain 
and  confirm  his  povi'er,  99;  his 
character  vindicated  by  Sir  Wil- 
liam Draper,  105;  makes  a  pub- 
lic display  of  his  insensibility  or. 
the  death  of  liis  son,  114 ;  an  a 
necdote  of  Ids  Grace's  behavioui 
on  tills  misfortune  (u\  293. 

Be.n'Sok,  Mr.  challenged  as  a 
juryman,  25^. 

BiNGLEY,  Mr.  his  imprison- 
ment for  two  years  (h),  298. 

Blackston'e,  Dr.  Solicitor  to 
the  Qiieen,  61 ;  more  solicitouh; 
to  preserve  his  place  than  his  re- 
putation,lb.;  a  letter  addressedto 
himfiom  Junius,  74;  charg-ed 
with  having  delivered _difterent 
doctrines  in  the  House  of  Com- 
mons, from  what  he  Iiad  written 
in  his  C-oiumentaries,  76 ;  thu: 
when  he  spoke  in  tlie  House,  h,.- 

•ver  once  tlunig-ht  of  the  Com- 

ientaries,  until  the  contradiction 
was  unexpectedly  urged,  79  ; 
contradicts  the  ministry  Lome- 
times  as  well  as  himself,  93. 

Bra.dsua\v  Xvlr.  luis  a  pension 
settled  upon  him,  146;  afTrrmstiiat 
cvt^vy  ])art  of  Mr.  Hii\e*s  pur- 
.'■  I X :! s ^ - m on e y  w as  ] : a i d  t o  Colonel 
i^irc'-oync,  127;  an  intimacy  be- 
twixt hi  n  and  Lord  Irnham,260. 

13  r.ooMFiKT,i3,  Mr.  surgeon, 
his  opi;  ion  ii:  rc^-yu'd  to  the  deati) 
of  Gcorg-.^  Clarke,  who  received 
a  i;low  at  the  Brentford  election 
(k\  289. 

Bu 0  0 ICE,  Dr.  said  to  be  ouar- 
tcrcd  on  the    sahi:-- of   a  pitei^r: 


3(54 


jj)l:i€e,piirchased  by  Ivlr.  HrnCjlSo, 
BucARELLi,  the  Spanish  Go- 
vernor of  Port  Egniont,  acted  in 
obedience  to  Ins  order,  177;  if 
he  had  acted  witJiout  it,  he  de- 
served death,  180. 

BuRGOYNE,  Colonel,  his  cx- 
pences  at  Preston,  155;  the  yiiir- 
chasemoncy  of  ^i  patentplace  said 
to  be  gi\en  him  for  liis  service  at 
Preston,  127;  no  man  more  ten- 
der of  his  reputation,  ib. 

Bute,    Earl  of,   his  interview 

;th    the    Duke  of  Bedford  (e'', 

J;  not  of  a  temper  to  relinquish 

",    though  l^ie  retired   from 

v\ment,     98;     stipiiUitions 

\  :u'e  betwixt  Idm  and  the  Duke 

f  IJedtbrd  viivated,  ib ;    treats 

■'^    '      vith  contempt,  when 

:    ino;  his  friendship  il?. 

Lol  Kiio  the  Prince  of  Wales's 

^ii^ehold,   contrary  to  the  late 

..i;5g's  inclination  (e),  294. 


Calcraft,  Mr.  when  he  de- 
terinined  to  be  a  patriot,  245. 

C AM DKir,  Lord,  attributes  to 
.e  crown  a  power,  in  case  of  ne- 
cessity-, to  suspend  the  operation 
r;f  an  act  of  the  legislature,  242; 
his  doctrine  in  this  respect  con- 
.-/idered  and  related,  248;  a  let- 
ter to  his  Lordship  from  Junius, 
281. 

Carleton-house,  the  tute- 
lage and  dominion  of  tlie  heir- 
ap'paient  laid  there  many  years 
ago,  (e)  294. 

Charles  L  lived  and  died  a 
hypocrite,  53. 

Charles  II.  a  hypocrite, 
though  of  another  sort,  53. 

Chatham  Lord,  introduces 
the  Duke  of,  Grafton  on  the  poli- 
tical stage,  53;  obliged  to  with- 
draw his  name  from  an  adminis- 
tration formed  on  the  credit  of  it, 
54;the  motive  (>f  giving  the  thanks 
of  the  city  to  him,  220;  an  en- 
comium on  him  by  Junius,  225. 


CLEHoy,  their  iiicapacity  t* 
sit  in  the  House  of  Coujmor.s,  88. 

Coke,  Sir  Edward,  his  opinion 
with  regard  to  the  power  of  the 
House  of  Commons  comrnittin*;" 
for  contempt,  197. 

C<^.LONi£s,those  of  America 
alienated  from  their  natural  af- 
fection to  the  mother-country, 
20;  leceive  spirit  and  argument 
from  the  dechuation  of  Mr.  Pitti 
and  Lord  Camden,  21  ;  the  stamp 
act  repealed,  and  a  nevv-  mode  of 
taxing  the  colonies  invented,  ib.-; 
the  coloriists  equally  detest  tlie 
pageantry  of  a  king  and  the  In- 
pocrisy  of  a  bisliop,  136. 

Commons,  House  of,  situation 
tliey  are  reduced  to  by  their  vote 
on  the  Middlesex  election,  87; 
said  to  have  transferred  their  gra- 
titude from  their  parents  to  their 
benefactors,  134  ;  have  assumed 
an  autliority  equal  to  an  act  of 
the  iegislatiire,  139  ;  have  trans- 
ferred the  right  of  election  from 
the  collcctiv-e  to  the  representa- 
tive  body,  ib.;  they  are§on:y  in- 
terpreters to  convey  the  sense  of 
the  people  to  the  crown,  157; 
did  not  dare  to  assert  their  cv,  ri 
dignity,  when  grossly  attacked, 
161  ;  would  best  consult  their 
dignity  by  appending  to  the  laws 
when  they  are  offended,  192. 

Corsica  would  never  have 
been  invaded  if  the  British  court 
had  interposed  with  dignity  and 
firmness,  56. 

Cromwell,  Oliver,  with  all 
his  crimes,  had  the  spirit  of  an 
EngUshman,  184  ;  an  expression 
of  his   in  the  time  of  Charles  L 

217. 

Cumberland,  the  late  Duke 
of,  in  his  time  ])arliamentary  in- 
fluence prevailed  least  in  the  ar- 
my, 34. 

D 

DiNGLEY,  Mr.  becomes  a  can- 
didate for  the  county  of  Mid- 
dlesex, 45. 


DoDD,  Captain,  applied  to 
C:iptain  Giirth  for  the  assistance 
of  his  L^uard,  to  rescue  General 
Gansel  121. 

Drapeu,  Sir  WilliaiD,  his  de- 
fence of  the  Marquis  of  GraiiLy 
ag-ainst  the  charge  of  Junius,  25; 
liis  letter  to  Junius,  32;  refers  him 
to  the  united  voice  of  the  army, 
and  all  Germany,  for  instances  of 
the  military  skill  and  capacity  of 
the  Marquis  of  Granby,3.j;  his  an- 
swer on  liis  own  accoimt,  35  ;  ac- 
cused of  makhii^  a  traffic  of  the 
royal  favour^  36;  another  letter 
to  Junius,  39  ;  his  answer  to  a 
question  of  Junius,  ib. ;  to  Ju- 
nius, 101  ;  complains  of  tlic  as- 
sertion of  Junius,  that  he  had  sold 
the  companions  of  his  success,  ib.; 
tliat  it  is  a  malicious  falsehood, 
and  bids  the  writer  stand  forth, 
and  avow  the  charg-e,  ib.  ;  a])- 
peals  to  the  gentlemen  to  wliom 
he  had  made  application  in  this 
affair,  ib.  ;  to  Junius,  105  ;  that 
he  has  read  his  letter  to  the  Duke 
of  Bedford  with  horror  and  asto- 
r.ishment,  wherein  an  ailfectionate 
i'athei-  is  upbraided  with  the  loss 
of  an  o!\ly  and  most  amiable  son, 
105,  106 ;  that  Junius  g-oes  wan- 
tonly out  of  his  way  to  tonnent 
declining  age,.  106 ;  he  is  called 
upon  to  prove  the  Duke's  ava- 
pice,  before  lie  makes  his  hasty, 
and  wicked  conclusions,  ib,  ;  but 
If  an  ambassador  loves  money  too 
much,  is  this  a  proof  thar  he  has 
taken  any  to  betray  Ids  country  ? 
108;  Sir  William's  acc(junt  of  tlie 
ministerial  quarrels,  107;  that 
tlie  Duke,  however  potent  as  he 
is,  is  amemible  to  justice,  and 
the  i'iirliament  is  the  high  and 
solemn  tribunal,  ib. 

E. 
Ellis,  Mr.  VVelbore,  whether 
I  c  m:  kes  or  suppresses  a  motion, 

in  sure  of  his  disgrace,  155. 

A 


EAPULGio^rfiomUic  House  oi 
Commons,  whether  it  creates  in- 
capacity of  beinc^  re-elected,  80 
et  .stq. ;  Mr.  Walpole's  case  cor 
sidei'cd  as  a  precedent,  82. 

Eyre,  John,  bailed  by  Lo;\. 
Mansfield,  258;  tliis  affair  stated 
and  examined  according  to  thfc 
statues  in  such  case;?,  277 ■ 

F. 

Felony,  whether  or  not  bal'. 
ble,  264;  the  statutes  relative  to 
bail  in  criminal  matters,  stated  - 
in  due  order,  '266. 

FooTE,  Mr.  surgeon,  his  ev 
dence  on  the  trial  of  M*Q«iiri 
(k),  289, 

G. 

Gamk-la^vs  oppressive  to  li.' 
subject,  25r. 

Gansel,  General,  Ids  rescue 
from  the  bailiffs,  near  the  Tilt 
yard  in  St.  Jameses  Park,  17/ 
he  solicited  a  corporal  and  otliv 
soldiers  to  assist  him  in  makir, 
his  escape,  121. 

Garth,  Captain,  declined  ap- 
pearing himself,  but  stood  aloof., 
while  Captain  Dodd  took  upc 
hhn  to  order  out  the  king's  guai\ 
ta  rescue  General  Gansel,  121. 

GisBoiiNB,  Colonel,  a  regi- 
ment said  to  be  sold  to  him,  32  , 
Colonel  Draper  resigned  it  i  ■ 
liim  for  his  half-pay,  37  ;  accep'ui 
of  a  pension  for  the  governmen?: 
of  Kinsale  (d)  297^ 

GRAF-roN",  Duke  of,  upon  what 
f  )oting  he  first  took,  and  soon  al- 
ter resigtied  tiie  office  of  Secre- 
tary ^,f  State  (a)  228 ;  the  only 
act  of  mercy  to  wjiich  he  advised, 
his  sovereign,  received  witii  di?  • 
ap])robat.ioii,  42;  liis  establish- 
!iieiU  of  anew  tribunal,  43,  44; 
one  f'^^ut:  mark  lixed  on  every 
measjicv.  herein  he  is  concerned^ 
.  44 ;  a  si'^.gular  ir.stance  of  youth 
without  spirit,  45 ;  obliged  either 


306 


:o  abanaoii  a  usefiil  pariban,  or 
to  protect  a  fe'on  fvom  public 
justice,  46;  acotised  of  balancing 
liis  non-execution  of  the  laws 
Vv'itli  a  ])reach  of  the  constitution, 
48;  tlie  seating- Mr.  Luttrell  in 
the  House  of  Connmons,  entails  on 
posterity  the  immediate  effects  of 
Ills  administration,  49 ;  in  iiis 
system  of  g'overnment,he  addres- 
ses himself  simply  to  the  touch, 
52;  liis  character,  considered  as 
a  subject,  of  curious  speculation, 
ib.  ;  resemblance  thereof  to  tJiat 
of  his  royal  prog-enltors,  53  ;  at 
}iis  setting'  out,  a  patriot  of  no  un- 
proniising' expectations,  ib  ;  has 
many  compensations  to  make  in 
the  closet  for  his  former  friend- 
ship v.ith  Mr.  Wilkes,  54;  his 
Pinion  by  marriage  not  imprudent 
:.n  a  political  view,  55  ;  his  Grace's 
ublic  conduct  as  a  minister,  the 
ouiiterpart  of  his  |)rivate  history, 
jb. ;  in  the  whole  course  of  his 
life,  a  strang-e  encleavoiu"  to  unite 
contradictions,  6  ;  liis  iiisult  on 
public  decorum  at  tlie  Opera- 
house,  61 ;  ];!s  reasons  for  desert- 
ing his  f  'mils,  ib  ;  his  political 
""'^  n+  '  ;'".  childhood,  puberty, 
-1,  62;  if  his  Grace's 
:■/:.:.:.:.  :...:!  been  able  to  keep 
7;ace  w.tii  the  principles  of  '\yr^ 
'«-'arr.  he  would  ha\e  been  a  for- 
•::d'tb;e  iniD^.ter,  63  ;  the  peoj>!e 
;(1  a  resource  in  the  weakness 
-■i\^\-.  ■;:;!-  :Hiandin|^,  ib.;  charged 
u't':  ;,--,:i..  ilie  leaderof  a  serv;le 
acinunlyt'-ation,  collected  fi'om  the 
descrterj  (jf  all  parties,  64;  his 
coy  tie  ss  in  rejecting  Mr.  Vaugh- 
an's  proposals,  is  said  to  resemble 
the  termagant  chastity  of  a  prude, 
125;  is  called  upon  to  tell  the 
price  of  the  patent  jnirchased  by 
Mr.  Hine,  ib.  ;  will  he  dare,  says 
Junius,  to  prosecute  Vieughan, 
V,  ailst  he  i-  setting  up  the  royal 
•  ...ti-onage  to  auction  ?  (z)  29  i  ; 
n  lUs  public  character,  has  iu- 


jm'ed  every  subject  in  the  en. 
"pire,  142;  the  event  of  all  tie 
sacrifices  he  made  to  Lord  Bute's 
patronage,  ib.  ;  at  the  most  ac- 
tive period  of  life  obliged  to  quit 
the  busy  scene,  and  conceal  him- 
self from  the  world,  ib.;  the  ne- 
glect of  the  petitions  and  re- 
monstrances apart  of  his  original 
plan  of  government,  143  ;  was 
contented  witii  jn'oiiouncing*  Co- 
lonel LuttrelPs  panegyric,  166; 
is  restored  to  his  rarik  under  the 
royal  staiulard,  200  ;  is  acknow- 
ledged by  Junius  to  have  great 
intrinsic  merit,  but  is  cautioned 
not  to  value  it  too  highly,  ib. ; 
in  vain  would  his  majesty  have 
looked  round  for  a  more  consum- 
mate character,  201 ;  he  remem- 
bers with  gratitude  how  the  Duke 
accommodated  his  morals  to  the 
necessity  of  Ids  service,  202  ;  the 
abundance  of  merit  in  the  Duke 
to  secure  the  favour  of  his  sove- 
reign, ib.  ;  a  striking"  peculiarity 
in  ids  character,  204;  his  Grace's 
re-appeintment  in  the  cabinet  an- 
nounced to  the  public  by  the  omi- 
nous return  of  Lord  Bute,  205  ; 
in  wluitever  measuie  concerned, 
he  makes  the  government  of  the 
best  of  princes  contemptible  and 
ridicul(>u.s,  ib.;  his  baseness  af- 
hrsned  to  be  tlie  cause  of  greater' 
mischief  to  Enghmd  than  eve;, 
the  unfori.ura.te  ambition  of  Lor'i 
Bute,  266  ;  to  \\  bat  enormous  ex 
cesses  the  iniiuence  of  tlie  ci-o^\;i 
has  conducted  his  Grace^  without 
s  spark  of  personal  resolution, 
232;  in  what  a  ho])eful  condition 
he  delivei  ed  tlie  navy  to  his  suc- 
cessor, 234;  tlie  navy  being-  in 
great  Vvant  of  timijer,  a  warrant 
was  made  out  to  cut  timber  in 
Whittlebury  Forest,  where  the 
Duke  is  hereditary  ranger,  235;- 
Ids  Grace's  persecution  of  the  de- 
puty-surveyor, for  attempting  to 
cut  down  the  tree's  when  lie  hap- 


307 


prjied  not  to  have  the  vvaiTant  in 
his  pocket,  ib.  ;  the  Duke  assert- 
ed upon  his  honour,  tliat  in  the 
grant  the  properly  of  the  timber 
is  vested  in  the  rang-er,  ib.  ;  the 
very  reverse  alBrnried  to  be  the 
truth,  ib. ;  yet  the  oaks  keep  tiieir 
g-rouiidjthe  king  is  defrauded,  and 
the  navy  suffers  ;  all  this  to  ap- 
pease the  Duke  of  Grafton,  236; 
the  mortification  he  received  on 
the  defeat  of  Sir  James  Lovvther, 
259  ;  his  expedition  in  hastening- 
the  grant  to  transfer  the  Duke  of 
PortlancPs  property  to  Sir  James 
Lowther,  261. 

Granbv,  Lord,  accused  of  ac- 
cumulatiiig'in  his  own  person  and 
i'amily  a  number  of  kicrative  em- 
ployments, 22 ;  his  cares  confined 
to  filling  up  vacancies, 23;  praised 
and  vindicated  by  Sir  WiUiam 
Draper  against  the  charges  of  Ju- 
>Tius,  25 ;  tlie  united  voice  of  the 
army,  and  all  Germany,  will  tell 
instances  of  his  military  skill  and 
capacity,  33  ;  his  reputation  is 
said  by  Junius  to  have  suffered 
more  by  his  friends  than  his  ene- 
mies, 37. 

Grenville,  Mr.  at  any  rate 
to  be  distressed,  because  he  was 
minister,  2) ;  vindicated  from 
some  reflections  thrown  out  a- 
g-ainst  him  in  a  pampldet  written 
in  defence  of  Sir  William  Black- 
stone,  75;  receives  chastisement^ 
from  tlie  chair  in  the  House  of 
Commons,  79. 

H 

>Iarlzy,  Mr.  the  interest  of 
government  in  the  city  said  to  be 
committed  to  him,  205. 

Harry  the  Eighth,  by  the  sub- 
mission of  his  parliament,  as  ab- 
solute as  Lewis  the  XIV,  184. 

Hawke,  SirEdward,this  coun- 
try highly  indebted  to  him,  23. 

HiLS  BO  ROUGH,  Earl  of,  called 
rbrth  to  govern  America,  21  ;  his 
"Measures  gerisurcd,  ib. 


Hi.VE,  Mr.  a  patent  purchased 
by  him,  125  ;  the  price  at  which 
the  place  was  knocked  down,  127. 

HoRNE,  Mr.  his  unfortunate 
endeavours  in  support  of  the  no- 
mination of  sherifts,  206  ;  in  his 
principles  already  a  bishop,  ib.  ; 
his  letter  to  Junius,  207  ;  it  is  the 
reputation  gained  under  this  sig- 
nature which  draws  from  him  a 
reply,  ib.  ;  that  he  is  ready  to  lay 
down  his  life  in  opposition  to  the 
ministerial  measures,  208;  that 
he  did  not  solicit  one  vote  in  fa- 
vour of  Messrs  Plume  and  Kirk- 
man,  ib.  ;  a  letter  to  him  from 
Junius,  209;  accused  of  having" 
sold  himself  to  tl»e  ministry,  from 
his  own  lett^^rs,  210  ;  iiis  mode 
ofattack  on  M. Wilkes  censured, 
ib. ;  is  blamed  for  introducing  the 
name  of  a  young  lady  into  the 
newspapers,  211;  is  cliarged  with 
having  duped  Mr.  Oliver,  ib.  ; 
aiiother  letter  to  Junius,  ib.  ; 
charges  him  with  inconsistency 
andself-cvmtradjction,  212;  that 
he  feels  no  reluctance  to  attack 
the  character  of  any  man^  213  ; 
that  the  darkness  in  whicli  he 
thinks  himself  shrouded,  has  not 
concealed  him,  216  ;- reflections 
on  the  tendency  of  Junius's  prin- 
ciples, 217  ;  that  Mr.  Wilkes  did 
commission  Mr  Thomas  Walpole 
to  soUcit  a  pension  for  him,  218  ; 
that,  according  to  Junius,  Mr. 
Wilkes  ought  to  hold  the  strings 
of  his  benefactors  purses  **  so  long 
••  as  he  contiiuies  to  be  a  tliorn 
"  in  the  king's  side,"  219  ;  tiiat 
the  leaders  of  the  opposition  re- 
fused to  stipulate  certain  points 
for  the  public,  in  case  they  sliouitl 
get  irdo  administration,  ib,  ;  a 
ictter  in  reply  to  Mr.  Home,  221  ; 
is  charged  vvitli  cliatiging  ihe 
terms  of  Juniu^rs  proposition, 
when  he  supposes  him  to  assert 
it  woidd  be  impossible  for  any 
man  to  write  in  the  newspapers, 
tuul  r.ct  t-^  be  'Jiicovcred,  223  i 


308 


tiaat  he  deals  in  fiction,  andtliere- 
fore  naturally  appeals  to  the  evi- 
dence of  the  poets,  ib. ;  is  allowed 
a  degree  of  merit  which  ag-gra- 
vates  his  guilt,  244 ;  his  furious 
persecuting  zeal  has  by  gentle 
degrees  softened  into  moderation, 
225  ;  shameful  for  him  who  has 
lived  in  friendship  witli  Mr. 
Wilkes,  to  reproach  him  for  fail- 
ings naturally  connected  with  de- 
spair, 22r. 

Humphrey,  Mr.  his  treatment 
of  tiie  Duke  of  Bedford  on  the 
course  at  Litchfield  (h)  292. 

I. 

Ireland,  the  people  of,  have 
been  uniformly  plundered  and 
oppressed,  135. 

Irnham,  Lord,  father  of  Co- 
lonel Luttrell,  (g)  30L 

Judge,  one  may  be  honest 
enough  in  the  decision  of  private 
cuuses,  yet  a  iraitor  to  the  public, 
23. 

Junius,  letter  from,  to  the 
Printer  of  the  Public  Advertiser, 
on  the  state  of  the  i^ation,  and 
the  different  departments  of  the 
state,  17  ;  to  Sir  William  Draper, 
28;  approves  of  Sir  William's 
spirit  in  giving  his  name  to  the 
public,  but  tliat  it  was  a  proof  of 
nothing  but  spirit,  ib. ;  requires 
some  instances  of  tiie  military 
skill  and  capacity  of  Lord  Granby 
29 ;  puts  some  queries  to  Sir 
William,  as  to  his  own  conduct, 
31 ;  called  upon  by  Sir  Vv^illiam 
to  give  his  real  name,  3^  ;  ano- 
ther letter  to  Sir  William  Draper, 
37  ;  explains  Sir  Wil.i urn's  bar- 
gain witli  Colonel  Gisborne,  38; 
ieiter  to  Sir  William  Draper,  40; 
declares  himself  to  be  a  plain  un- 
lettered man,  lb,  ;  calls  upon  Sir 
William  to  justify  his  declaration 
of  the  sovereign's  having  done  an 
act  in  his  favour,  contrary  to  law, 
41;  takes  hislciivecf  Sir  William, 


ib.  ;  lelter  to  tlie  Duke  of  Graf 
ton,  ib.  ;  tliat  the  only  act  of 
mercy  to  which  the  Duke  advi- 
sed his  Majesty,  meets  witli  dis- 
a])probatiori,  42  ;  that  it  was  ha- 
zarding^ too  much  to  interpose 
the  sti-ength  of  prerogative  be- 
tween such  a  felon  as  M'Qjurk 
and  the  justice  of  his  country,  ib. ; 
the  pardoning  of  this  man,  and 
the  reasons  alledged  for  so  doing, 
considered,  44 ;  to  the  Duke  of 
Grafton,  ib.  ;  that  one  fatal  mark 
seems  to  be  fixed  on  every  mea- 
sure of  his  Grace,  whether  in  a 
personal  or  political  charsicter, 
ib.  ;  that  a  certain  ministerial 
writer  does  not  defend  tlie  minis- 
ter as  to  the  pardoning  M'Qjiirk 
rq)on  his  own  principles,  45  ;  tliat 
his  Grace  can  best  tell  for  which 
of  Mr  Wilkes's  good  qualities  he . 
first  honored  him  with  iiis  friend- 
ship, 46  ;  to  Mr.  Edward  Weston, 
47  ;  a  citation  from  his  pampliitt  ^ 
in  defence  of  the  pardoning  of 
M'Qjurk,  with  remarks,  ib.  ;  to 
the  Duke  of  Grafton,  48  ;  thut 
his  Grace  was  at  first  scrupulous  - 
of  even  exercising'  those  powers 
with  wiucji  the  executive  power 
of  thelegislHtureis  invested,  ib.  y  . 
that  he  reserved  t'ne  j^roofs  of  his 
intrepid  spirit  for  trials  of  greater 
hazard,  49  ;  that  he  balanced  the 
non-execution  of  tlie  laws  with  a 
breach  of  the  constitution,  ib.  ; 
to  tiie  Duke  of  Grafton,  52  ;  liiat 
his  Grace  addresses  himself  sim- 
ply to  the  touch,  ib.  ;  liis  chacac- 
terresembles  tliat  of  his  royal  an- 
cestors, 53  ;  to  the  Duke  of  Graf- 
ton, 63;  if  his  Grace's  talents 
could  keep  pace  with  the  princi- 
ples of  liis  heart,  he  -vould  iiave 
been  a  most  fornndable  minister, 
ib.  ;  that  he  became  the  leader  of 
an  adminifitration  collected  fiom 
tlie  deserters  of  all  parties,  65  ;  . 
to  the  Printer  of  the  PubUc  Ad-  > 
ycrtiscr.  68  j  the  question  aiisincr 


o05 


worn  Mr.  V/lllics's  expulsion,  and 
the  appointment  of  Mr.  Lutrell, 
i»ttem])tcd  to  be  stated  with  jus- 
tice and  preciaion,  ib.  69  ;  the 
expulsion  of  Mr.  V/ulpcjI  j  and  his 
ve-election,  how  far  a  case  in 
point,  70;  to  Sir  William  Black- 
stone,  74 ;  a  certain  pamphlet 
written  in  defence  of  Sir  Wil- 
liam's conduct,  considered,  75; 
Mr.  Grenville  and  Sir  William 
Meredith  vindicated  from  some 
:isper.^ions  in  this  pamphlet,  ib. 
r6 ;  that  a  certain  writer  wlio 
defends  the  proceedings  \vith  re- 
si-ard  to  the  Middlesex  election, 
')nly  quotes  such  part  of  Mr. 
Walpole's  case  as  seems  to  suit 
his  purpose,  85,  86 ;  that  the 
House  iPiCant  todeclarc  Mr.  Wal- 
pole's  inc>apaclty  arose  fiom  the 
orimes  he  }»ad  committed,  86; 
they  also  declared  tlie  other  can- 
didate not  duly  elected,  87  ;  ex- 
planation of  some  passag-esin  tlie 
last  letter,  90 ;  to  the  Duke  of 
Bedford,  94;  that  he  has  lost 
much  real  authority  and  impor- 
tance, 95;  the  degree  of  judg- 
ment lie  has  shown  in  carrying 
his  own  system  into  execution, 
97;  the  importance  of  his  em- 
bassy to  the  court  of  Versailles, 
ib.  ;  the  measures  he  took  to  ob- 
tian  and  confirm  his  power,  99; 
to  Sir  William  Draper,  103  ;  that 
after  having  attacked  Junius  un- 
der that  character,  he  had  no 
right  to  know  him  under  any 
other,  ib.;  that  Sir  William  was 
appointed  Colonel  to  a  regiment 
greatly  out  of  his  turn,  104;  Ju- 
nius thinks  it  by  no  means  ne- 
cessary he  should  ])e  exposed  to 
the  resentment  of  the  worst  and 
most  ]X)wcrful  men  in  this  coun- 
try, ib.;  Sir  William  still  conti- 
nues to  be  a  fatal  friend,  108  ; 
he  considers  nothing  in  tlie  cause 
he  adopts  but  the  difficidty  of  dc- 
fer.ding  it,  109  ;  he  may  rest  as- 


sured tlie  Buke  of  Bedford  laughs 
with  equal  indifieience  at  Juni- 
us's  reproaches  and  Sir  William's 
distress  about  him,  110;  admit- 
ting the  single  instance  of  his 
Grace's  generosity,  the  public 
may  ])erhaps  demand  some  oth.er 
proofs  of  his  munificence,  ib. ; 
though  lliere  was  no  document 
left  of  any  treasonable  negotia- 
tion, yet  the  conduct  and  known 
temper  of  the  ministry  carried  an 
internal  evidence,  ib.  ;  ^  to  tho 
Printer  of  the  Public  Advertiser, 
112;  Junius  applauds  the  spirit 
Vvith  which  a  lady  has  paid  the 
debt  of  gratitude  to  her  benefac- 
tor, ib  ;  this  single  benevolci'^ 
action  is  perhaps  the  more  co^ 
spicuous,  from  standing- alone, ib.; 
to  the  Printer  of  the  Public  Ad-- 
veitiser,  116;  the  present  mini 
stry  singularly  marked  by  their 
fortune  as  their  crimes,  ib.  ;  they 
seem  determined  to  perplex  us 
with  the  multitude  of  th.eir  ci  • 
fences,  ib. ;  a  Major-Gencral  oi 
the  army  arrested  for  a  consider- 
able debt,  and  rescued  by  a  ser.- 
jeant  and  some  private  soldiers, 
117;  tl.at  this  is  a  wound  given 
to  the  law,  and  no  remedy  ap- 
plied, ib.  ;  tlic  main  question  is 
how  the  ministry  have  acted  on 
this  occasion,  118 ;  the  aggra- 
vating circumstances  of  this  af- 
fair, ib,  ;  that  the  regiments  of 
guards,  as  a  corps,  are  neither 
good  subjects  nor  good  soldiers, 
119;  the  marching  regiments 
the  bravest  troops  in  the  world, 
ib.  ;  to  the  Printer  of  the  Publici 
Advertiser,  124  ;  that  he  admits 
the  claim  of  Modestus  in  the  Ga- 
zetteer, ib. ;  that  Modestus  hav- 
ing insinuated  that  the  oifenders 
in  t]]e  rescue  may  still  be  brought 
to  a  trial,  any  attempt  to  pre- 
judge the  cause  would  be  highly 
improper,  ib. ;  if  the  gentlemen 
whose  conduct  is  in  question,  ai" 


31Q 


not  bi'-ought  to  a  trial,  tlie  Duke 
of  Grafton  shall  hear  from  him 
again,  ib  ;  leaves  it  to  his  coun- 
trymen to  determine  wliether  he 
is  moved  by  malevolence,  or  ani- 
mated by  a  just  purpose  of  obtain- 
ing- a  satisfaction  to  the  laws  of 
rlie  country,  125  ;  to  his  Grace 
the  Duke  of  Grafton,  ib. ;  Junius 
i^ives  his  Grace  credit  for  his  dis- 
cretion,inrefusing'Mr.Vaug-han's 
proposals,  ib.;  asks  wluit  vv'as  the 
price  of  Mr.  Hine*s  patent,  ib  ; 
.  and  wliether  the  Duke  dares  to 
complain  of  an  attack  upon  his 
©wn  honour,  wiiile  he  is  selling* 
the  favours  of  the  crown,  126  ; 
to  his  Grace  the  Dukeof  Grafton, 

ib. ;  Junius  is  surprised  at  tlie 
"ilence  of  his  Grace's  friends  to 
■  lie  charg^e  of  having"  sold  a  pa- 
^cnt  place,  ib.;  tlie  price  at  which 
the  place  was  knocked  down,  ib. 
127  ;  that  there  is  none  of  all  his 
Grace*s  friends  liardy  enough  to 
deny  the  charge,  127;  that  Mr. 
Vanghan's  oiier  amounted  to  a 
hip;h  misdemeanor,  128 ;  the  opi- 
nion of  a  learned  judge  on  tiiis 
matter  (z)  294;  to  the  Printer 
of  the  Public  Advertiser,  128; 
Junius  supposes  a  well-intention- 
ed prince  asking  advice  for  the 
happiness  of  his  subjects,  129 ; 
and  an  Iionest  man,  when  per- 
mitted to  approach  a  king,  in 
what  terms  he  would  address  his 
sovereign,  ib.  ;  he  separates  tlie 
amiable  prince  from  the  folly  and 
treacliery  of  his  servants,  130; 
and  that  the  king  should  distin- 
guish betv/ixt  his  own  dignity 
and  v/hat  serves  only  to  promote 
ihe  interest  and  ambition  of  a  mi- 
liister,  ib. ;  that  he  should  with- 
draw his  confidence  from  all  par. 
ties,  and  consult  his  own  uncier- 
staeding,  ib.  ;  that  there  is  an  o- 
riginal  bias  in  his  education,  loi; 
that  a  little  personal  motive  was 

■^ic  to  remove  the  ablest  servants 


of  the  crown,  lb. ;  that  Mr. 
^Vilkes,  tliougli  he  atuxked  the 
favourite,  "  was  unv/ortliV  cf  a 
king's  personal  resentment,  132, 
that  the  destruction  of  one  man 
has  been  for  years  the  sole  object 
of  government,  ib,  ;  that  his  mi- 
nisters have  forced  the  subjects 
from  wishing  well  to  the  cause  of 
one  man  to  unite  with  him  in 
their  own,  133  ;  that  nothing  less 
then  a  repeal  of  a  certain  resolu- 
tion, can  heal  the  wound  given 
to  the  constitution,  ib.;  if  an  Eng- 
lish f.ingbe  liated  or  despised,  he 
must  be  unhappy,  ib.  ;  that  the 
prince  takes  the  sense  of  the  ru*- 
my  from  the  conduct  of  tlie 
guards,  as  he  does  that  of  the 
people  from  the  representations 
of  the  ministry,  137;  that  the 
House  of  Commons  have  attri- 
buted to  their  own  vote  an  a\i  = 
thority  equal  to  an  act  of  the  le- 
gislature, 139 ;  to  the  Duke  o: 
Grafton,  141  ;  in  his  public  cha 
racier,  he  has  injured  every  sub 
ject  of  the  empire,  142;  at  tht 
most  active  period  of  life,  he  musi 
quit  the  busy  scene,  and  cor.ceal 
hiniGelf  fiom  the  vvorid,  ib.;  that^ 
the  neglfctof  the  remonstrances 
and  petitions  was  part  of  his  ori- 
ginal  plan  (?f  government,  143 
tlie  situation  in  v/hich  he  aban 
doned  his  royal  master,  ib.  ;  that 
he  either  diiiercd  irom  his  col- 
leagues, or  thought  the  adminis 
tration  no  longer  terable,  245: 
that  he  began  witlj  betraying  tiie 
people,  and  concluded  with  be- 
traying the  king,  ib.  ;  Junius 
takes  leave  of  the  Duke,  147; 
to  the  Printer  of  the  Pubiic  Ad- 
vertiser, 148  ;  the  king's  answer 
to  the  ciiy  remonstrance  con- 
sidered, ib. ;  tlie  grievances  o'i 
the  people  aggravated  b)-  insults, 
149;  if  any  part  of  the  reprcsen 
tative  body  be  not  chosen  by  the 
people,  tliat  part  vitiates  an'i  ■ 


311 


rupls  the  "vhole,  ib.  ;  instead  of 
an   answ:.'  to   the   petition,   his 
.!ii;i  jc  *        i'onounces  his  own  pa- 
j^.e^i'  i\:      \50  i  whether   the  re- 
aiourili  Uice  be  or  be  not  injurious 
to   the   parliament,  is   the  very 
question  between  the  parliament 
and  the  people,  151  ;  the  city  of 
London  has  not  desired  the  king* 
to  assume  a  power  placed  in  o- 
ther  hands,  ib.  ;  they  call  upon 
him  to  make  «seof  his  rojal  pre- 
rogative, 152  ;  to  the  Printer  of 
the  Public  Advertiser,  ib, ;   that 
the  king's  answer  to  tlie  city  re- 
monsLrance,is  onlythe  sentiments 
of  die  minister,  ib  ;    the  conse- 
quences, however,  materially  af- 
fect his  majesty's  honour,  153; 
he  should  nev^er  appear  but  in  an 
amiable  light  to  his  subjects,  ib.; 
his  majesty  introduced  too  often 
In  the  preseiit  reign  to  act  for  or 
defend liis  servants,  155;  an  ap- 
peal to  his   Majesty's  judgment, 
156  ;  addresses  from  parliament 
considered  as  a  fashionable  un- 
meaning formallLy,  ib.  ;  the  con- 
sequences of   them  considered/ 
ivhen  supposed    to    mean    wh-at 
iliey  profess,  ib. ;  to  the  Printer 
of  the  Public  Advertiser,  15"; 
vv^hile   parliament  was  silting,   it 
would  neither  have  been  safe  nor 
regular  to  oiTer  any  opinion  con- 
cerning their  proceedings,    ib. ; 
\ve  had  a  right  to  expect  some- 
•  hing  from  their  prudence,  and 
something  from  tiieir  fears,  158  ; 
the    majority  of  the    H-)use  of 
I.ords  join  v/lih  the  other  House, 
160  ;    they   would    liarcily    have 
yielded    so  much  to   the    other 
House,   without  the  certainty  of 
a  compensation,  161 ;  the  Mouse 
of  Comhaons  did    not  vlMdlcate 
their  own  dignity,   when  grossly 
attacked,   162  ;    the  business  of 
the  session  after  votlPig  tlie  sup- 
plies, and  settling  the  Middlesex 
flection.    163;    the   situation   of 


the  king  after  the  prorogation  of 
parliament,  164;  to  Lord  North, 
166;    the    ^;onour  of  rewarding 
Mr.  Lutt^-eli's  services  reserved 
for  his  Lordship,  ib.;  is  called  up- 
on to  tell  who   advised  the  king 
to  appoint  Coh)nel  Luttrell  Ad- 
jutant-General   to   the   army   of 
Ireland,  167;  some  secret  purpose 
in  view  by  such  an  appointment, 
ib. ;    to    Lord    Mansfield,    168; 
the  danger  of  writing  to  Ids  Lord- 
ship,   as  he  becomes  party  and 
judge,  ib. ;  a  tribute  paid  to  Jiis 
Scotch  sincerity,  ib.;  that  he  con- 
soles himself  tor  the  loss  of  a  fa- 
vourite family,    by  reviving  the 
maxims'f  their  government,  169; 
that  his  maxims  of  jurisprudence 
direct  his   interpretation  of  the 
laws, and  treatment  of  juries, 170; 
that  the  Court  of  King's  Bench 
becomes  thereby  a  court  of  equi- 
ty, 171;  his  conclucr  with  regard 
to  liingley's  ailnir,  ib, ;  that  he 
invades  the  province  of  a  jury  in 
the  matter  of  libel,  172  ;  that  his 
charge  to  the  jury  in  the  prose- 
cution against  Almon  and  Wood- 
fall,  contradicted  the  highest  le- 
gal authorities,  ib. ;  that  he  or- 
dered a  special  juryman  to  be  set 
aside,   without  any  legal  objec- 
tion, 173;  is  accused  of  having 
done  great  miscliiefs  to  this  coun- 
try as  a  minis' er,    174;    to  the 
Printer  of  the  Public  Advertiser, 
176;  violence  and  oppression  at 
jjome  supported  by  treachery  and 
submission  abroad,  177;  tliC  plan 
of  domestic  policy  from  his  ma- 
jesty's accession  to  the  tlirone, 
enL.i'osses  all  the  attention  of  his 
servijats,  ib.  ;    the  expedition  of 
tlie  Spaniards   ^^£:•:linst  Port  Eg- 
mcmt,  ib.  ;  his  Uiajesty's  ship  de- 
tained in  port  i  hove  twenty  days, 
178;    the    king's    speech,    Nov, 
1770,  considered,  ib.;  if  the  ac- 
tual situation  of  Europe  be  con- 
sidered, when  the  affair  of  Port 


ol2 


iiigmont  happerted,  the  treachery 
of  the  king's  servants  must  appear 
in  the  stror^g-est  colours,  181  ;  a 
most  favour ahle  oppoilunity  lost, 
ib.;  the  materials  of  a  fable  from 
the  affair  of  Port  Egmont,  ib.  ; 
to  the  Printer  of  the  Public  Ad- 
vertiser,  186 ;  nothing  now  to  be 
apprehended  from  prerogative, 
but  much  from  undue  influence, 
iSr  ;  our  political  climate  se- 
verely altered,  188;  the  nature 
and  origin  of  privileges  traced 
and  considered,  190;  to  the  Prin- 
ter of  the  Public  Advertiser,  197; 
an  extract  froni  tl-c  journals  of 
the  House  of  Commc^ns,  198;  a 
question  or  two  put  thereupon  to 
the  advocates  for  privilege,  ib.  ; 
to  the  Duke  of  Grafron,  200; 
that  his  Majesty  would  in  vain 
have  looked  round  the  kii.gdom 
for  a  charivct-r  so  consummate  as 
Jus  Grace's,  201 ,  Uvit  his  Grace 
did  not  negic'-^t  the  magistrate, 
while  he  flattered  the  m.an,  202 ; 
that  he  has  me.'it  in  abundance 
to  recommeud  l.iin  to  the  sove- 
reign, ib. ;  that  he  has  never 
formed  a  friei.dsliip  which  has 
net  been  fatal  to  ihe  object  of 
it,  204  ;  the  services  he  has  done 
his  master,  have  been  f[iithfully 
recorded,  ib.;  his  Grace's  re-ap- 
pointment to  a  seat  in  the  cabi- 
net, how  to  announce  to  the  pub- 
lic, 205 ;  the  Duke  is  the  pillow 
on  which  Junius  proposes  to  rest 
rdi  his  resentments,  206;  to  the 
Rev.  Mr.  Home,  209  ;  from  Mr. 
liorne's  own  letters,  he  is  suppo- 
sed CO  have  sold  himself  to  the 
ministry,  ib. ;  in  order  to  gratify 
his  personal  hatred  to  Mr.  Wilkes 
TJuit  he  sacrificed  the  cause  of  t'ne 
«-oiintry  as  iar  as  was  in  his  power, 
210;  \\heri  the  pubVie  expected 
discoveries,  highiy  hitere  ting  to 
the  rr  mmunity,  fr(jm  Mr.  Home, 
wliui  a  pitiful  dciail  v  as  pro- 
*luced,  ib.;  he  has  so  little  power 


to  do  mischief,  that  it  is  much  t« 
be  questioned  if  the  ministry  will 
adhere  to  the  promises  they  may 
have  made  him,  ib. ;  to  the  Rev. 
Mr,  Home,  221  ;  if  any  coarse 
expressions  have  escaped  Junius, 
he  agrees  they  are  unfit  for  his 
pen,  but  that  tiicy  may  not  have 
been  improperly  applied,  222  ; 
upon  Mr.  Horne's  ^erms,  there  is 
no  danger  m  l^elnf:  .  ];:  ti-iot,  224; 
by  what  gentle  degi-ecs  his  per- 
secuting zeal  has  softened  iht© 
moderation,  225  ;  an,  high  enco- 
mium on  Loid  Chatham,  ib.  ; 
wlat  excuse  can  Mr.  Home  m^ake 
for  lubc^unng  to  promote  such  a 
coi'snmmately  bad  man  as  Mr. 
Wilkes  to  a  station  of  such  trust 
and  importance,  227;  the  best 
of  princes  not  displeased  with  the 
abuse  throv.n  upon  his  ostensible 
ministers,  228  ;  to  the  Duke  of 
Grafton,  232  ;  Uiat  he  has  done 
as  much  mischief  to  the  com.mu- 
nity  as  Cromwell  would  have 
done,  had  he  been  a  cov^ard,  ib. ; 
the  enormous  excesses  through 
whi"c]i  c  lU't-inMuci-ice  has  safely 
conducted  his  Grace,  v.itl.'Oiit  a 
ray  of  real  understanding,  ib. ; 
it  iblike  the  universal  p.^iSSjiort  of 
an  ambassador,  ib. ;  his  majesty 
in  want  of  money,  and  the  navy 
in  ^.\ant  of  timber,  234;  a  war- 
rant made  out  f^r  cuttmg  down 
any  trees  in  Whittlebury  Forest, 
of  wliieli  the  l)u\e  is  iiereditaiy 
ranger,  235;  his  Grace's  beha- 
viour on  this  occas:or.  •'•  •  to 
the  Livery  of  Lond;  J  ]  at 

the  election  of  then- ci,...i  :.,...^is- 
trate  v/as  a  point  in  whicli  every 
meniber  of  the  conmiur.ity  was 
interested,  ib.  ;  the  cjiicsti.  n  to 
those  wl:o  mean  iaiil;.  to  Vie  li- 
berty of  tiie  people,  lies  v/jilrin  a 
very  narrow  ccippass,  ib,  ;  IMr. 
Nash^s  character  CO''  '■'•  '  sa 
mn^'isirale  and  a  ])  .f^,  b.; 

he  C'^i'^ot  alter  his  ciMidvieu  ,>ith- 


ns 


*ut  confessing  that  he  never  act- 
ed upon  principle  of  any  kind, 
238  i  to  the  Printer  of  the  Pub- 
lic, Advertiser,  239;  Junius  la- 
ments the  unjjappy  differences 
which  have  arisen  among  the 
friends  of  the  people,  ib.  ;  the  in- 
sidious parti zan  wlio  foments  the 
disorder,  sees  the  fruit  of  his  in- 
dustry ripen  beyond  iiis  hopes, 
ib.  ;  that  Mr.  Willvcs  has  no  re- 
source but  in  the  public  favour, 
240 ;  tliat  Mr.  Sawbridg-e  has 
shewn  himself  possessed  of  that 
r  ,)'ibiican  firmness  which  the 
times  require,  241;  the  right  of 
pressing  founded  originally  upon 
a  necessity  whicli  supersedes  all 
argument,  242;  the  de-igns  of 
Lord  Mansfield,  subtle, effectual, 
and  secure,  243,  244  ;  we  should 
not  reject  the  services  or  friend- 
ship of  any  man,  because  he  dif- 
fers from  us  in  a  particular  opi- 
nion, 244 ;  patriotism,  it  seems, 
may  be  improved  by  transplant- 
ing, 245;  Junius  defended  in  three 
material  points,  256 ;  charges 
Lord  Mansfield  with  doing  what 
was  illegal  in  bailing  Eyre,  258  ; 
engages  to  make  good  his  charge, 
259;  to  the  Duke  of  Grafton,  ib.; 
the  miserable  depression  of  his 
Grace,  when  almost  every  man 
in  the  king'dom  was  exvdting  in 
Xlm  defeat  of  Sir  James  Lowther, 
260;  that  he  violates  his  own 
rules  of  decorum,  when  he  does 
r.ot  insult  the  man  whom  he  has 
betrayed,  ib  ;  to  Lord  Chief- 
justice  Mansfield,  262  ;  Junius 
undertakes  to  prove  the  charge 
against  his  Lordship,  ib.  ;  that 
the  superior  power  of  bailing  for 
telony,  claimed  by  the  Court  of 
King's  Bench,  has  only  the  nega- 
tive assent  of  the  legislature,  263; 
that  a  person  positively  charged 
with  feloniously  stealing,  and  ta- 
ken with  the  stolen  goods  upon 
hira,  is  not  bailable,  264  ;  autho- 


riae.i  qao:cd  to  support  this  opi- 
nion, 265 ;  the  several  statutes 
relative  to  bail  in  criminal  case?; 
stated  in  due  order,  ib.;  the  law, 
as  stated,  applied  to  the  case  of 
John  Eyre,  who  was  committed 
for  felony,  2/7;  to  the  Right  Ho- 
nourable Lord  Camden,  281;  Ju- 
nius calls  upon  his  Lordship  to 
stand  forth  in  d-efence  of  tlie  lav.  s 
of  his  country,  ib. ;  extract  of  p 
letter  from  Junius  to  Mr.  Wilkes, 


LiGONiER,  Lord,  the  arm 
taken  from  him,  much  again' 
his  inclination,  31. 

L  o  N  D  o  N ,  C  i ty  of,  h  as  given  an 
examj)le  in  what  manner  a  king 
of  this  country  should  be  ad- 
dressed, 149. 

Lottery,  the  worst  way  of 
raising  money  upon  the  people, 
20. 

Loyalty,  v/hat  it  is,  17. 

LuTTRELL,  Mr.  patronized  by 
the  Duke  of  Grafton  with  suc- 
cess, 49;  the  assertion,  that  two- 
thirds  of  the  nation  approve  of 
his  admission  into  parliament, 
cannot  be  maintained  nor  confu- 
ted by  argument,  60  ;  the  ap 
pointmentof,  invades  the  founda~ 
tions  of  the  laws  themselves,  66; 
a  strain  of  prostitution  in  his 
character  admired  for  its  singu- 
larity,   166. 

Lyxn,  burgesses  of,  re-elect 
Mr.  Walpole,  after  being  expel- 
led, 70. 

M 

]\rQuinK,  the  king's  \va.rrant 
for  his  pardon  (k)  288;  the  par- 
doning of  him  much  blamed,  and 
the  reasons  alleged  for  so  doing, 
refuted,  43. 

Manilla  ransom  dishonoura- 
bly given  up,  29;  the  ministers 
said  to  be  desirous  to  do  justice 
in  this  affair,  but  their  efforts  in 
vain,  36. 
h 


':3U 


Ma>7Sfield,  Lord,  extracts 
iVomhis  speech  in  th>e  Court  of 
King's  Bench,  in  reg-ard  to  tiie 
orler  of  money  made  by  Vaugl:ian 
to  the  Duke  of  Grafton,  for  the 
reversion  of  a  place  (z)  294;  a 
tribute  paid  by  Junius  to  his 
Scotch  sincerity,  168;  that  liia 
-Lordship  liad  some  original  at- 
tachments which  he  took  every 
opportunity  to  acknowledge,  169; 
is  charged  wiih  reviving  the 
maxims  of  g-overnm.ent  of  his 
favourite  family,  ib.;  that  he  fol- 
lows an  uniform  plan,  to  enlarge 
ihepovvcr  of  the  crown,  ib.;  that 
he  labours  to  contract  the  power 
of  the  jury,  170,  172;  that  in- 
stead  of  positive  rules,  by  which 
a  court  should  be  determined,  lie 
lias  introduced  his  OMu  unsettled 
notions  of  equity,  170,  172;  his 
conduct  in  regard  to  Bing- 
ioy's  confinement,  ami  releLisnC, 
171;  his  ciiarge  to  the  jury  in 
-  scs  of  Hbei,  conli-adicts  the 
.i;I;cst  legal  authorities,  172; 
^.ls  Lordship  reminded  of  ll-e 
.  T.ame  of  Benson,  173;  changed 
i;h  doing  much  Pisischiefto  tins 
luitry  as  a  minister,  174;  liie 
^  aspicious  applause  given  by  him 
t-  Lord  Clia^ljum,  249;  the  d(;c- 
trine  lie  delivers  to  a  :uiy,  ib; 
]:is  reasosis  h^r  chal'cn'^i^n^  a  ju- 
Vjman,  250;  accused  of  endea- 
vouring to  scrceii  tlie  king's  bro- 
ther, 251;  cliarged  by  Junius  for 
liailiiig  a  man  not  bailable  by  the 
laws  ui  Ei'gL':nd,  258. 

Measires,  and  not  men,  the 
common  cant  of  ailected  ir.ode- 
ration  i  q)  293;  a  qu(;tation  irom 
Pope  ('D  this  subject,  ib. 

Middlesex,  the  electicii  for, 
attended  witti  one  favouialdc 
coni-equtnce  l'')r  tiie  ].'e..]);e,  5  '; 
Xiie  qucblioii  in  this  afrair  is, 
Whether,  by  the  htw  of  parlia- 
ment, expulsion  alone  creates  a 
aibqualiiication,    C9;     as  a   fact, 


highly  injurious  to  llie  fights -^f 
the  people  ;  and  as  a  precedent, 
one  of  the  most   dangerous  (c) 

291. 

Ministers,  to  be  acquainted 
with  the  merit  of,  we  need' 
only  observe  the  condition  of  the 
people,  18 ;  the  misconduct  of, 
lias  produced  a  sudden  and  ex- 
traordinary change  within  these 
few  years  in  Great  Britain,  ib^ 
the  conduct  and  character,  not 
the  description  of  liiinisters,  the 
caus;eof  nation.al  Ccdamities,  29  j 
the  minister  who  by  corruption 
invades  the  freedom  of  election^ 
and  the  ruffian  v.  ho  by  open  vio- 
lence destroys  that  freedom  em- 
barked in  the  same  bottom,  42; 
he  is  the  tenant  of  the  day,  and» 
has  no  interest  in  the  inheri- 
ta;..c,  157. 

MoDESxrs  charges  Jimlus 
with  absurdity  in  liis  writings, 
113;  cannot  distinguish  between 
a  sarcasni  and  a  contradiction,  ib; 
is  accused  of  m/isquoting  what 
Junius  says  of  conscience,  ar,d 
malvii-ig  t]je  ser:ttiV.:c  ridictilous  by 
makiiigit  his  ov/n,  114. 

jNIvsorvAVE,  Dr.  his  firnu^.css 
arid  iiUegrity  on.  his  cxaniiiuttion 
before  liie  House  of  Commons, 
161. 

N 

Nash,  Mr.  his  I  .  ■  .->  uAir  as  a 
]n:'i>';strate  anda  public  man  con- 
sidered, 2:;7. 

M  ATI  ox,  when  the  safety  of 
it  is  at  svake,  s':spLc:on  is  a  bux- 
iic-eiit  gi^ound  Ibr  inquiv) ,  17. 

Nor  rn.  Lord,  C!;:ii:re:lor  ci 
the  Exclieqncv,  j9;  is  warr>cd  to 
think  seiiouid},  hd^re  he  in- 
creases the  pui^Hr  i:  ■;;  ;:*:  -.e 
palm    of     minisf  :     :  -:> 

transferred  to  l]is  J,<:\i[.'..x\[>,  j-7; 
his  boas'ed  iiinirc^s  and  con- 
sisten.cy,  155;  had  tiie  means  it; 
jiis  possession,  of  reducing  a-' 
the  four  per  cent?  at  once.  loS, 


;'15 


had  the  lionour  of  re-.yardln.^  Mr 
LiittreU's  services,  166;  is  called 
upon  by  Junius  to  tell  who  advi- 
sed the  king"  to  appoint  Colonel 
Luttrell  Acfiutant-General  of  the 
army  of  Ireland,  167;  that  he 
shall  not  have  time  to  new  model 
the  Irish  army,  163;  perhaps  on- 
ly the  blind  instrument  of  Lord 
Bute  and  the  Princes  Dov/ager, 
ib. 

NoYE,  Mr.  Attonicy-General,^ 
his  opinion  of  tiie  privilege  of 
the  House  of  Commons  to  com- 
mit for  contempt,  197. 

O 

Old  Noll  destined  to  be  the 
ruin  of  the  House  of  Stuart,  60; 
does  not  deny  that  Corsica  has 
been  sacrificed  to  the  Freiich,  62. 

P 

Pardons,  Ann,  mistress  to  the 
Duke  of  Grafton  51 ;  led  into 
public  by  his  Grace,  and  placed 
at  the  head  of  his  table,  5S ; 
handed  throu;i']i  tlio  Opera-house 
in  presence  of  the  queen,  by  the 
First  Lord  of  the  Treasury,    61. 

Parties,  the  idea  of  uniting* 
does  not  produce  the  salutary 
effects  intended  thereby,  18. 

People,  submis  uon  of  a  free, 
a  compliance  with  laws  which 
they  themselves  have  enacted,  IT; 
in  reading- the  history  of,  haw  we 
become  interested  in  their  cause, 
ib.;  an  impartlid  administration 
of  justice,  the  firmest  bond  to 
cnLT'ig-e  their  affections  to  go- 
vern inciit,   23. 

pERCv,  Kixv)^  placed  at  the 
lie  ad  of  a  reg-imeni,  3  t ;  aid -de- 
camp to  the  Kiiig,  and  bad  the 
rank  of  Colonel  before  he  had 
the  regiment,  38. 

Philo  Junius  to  tlie  Printer 
of  the  Public  Advertiser,  58;  that 
the  Duke  of  Grafton's  friends,  in 
the  contest  with  Junius,  are  re- 
duced to   i\\Q  g-eneral  charge  of 


scurrility  and  falsehood,   il-.;  the 
truth  of  Junius's  fuels  of  imiiort- 
ance  to  the  public,  ib.;  a  revisal 
and  consideration  of  them,as  they 
appeared  in  Letter  XIL  ib  ;   an- 
other letter  of  his  to  the  Pi'inte]^ 
of  the  Public  Advertiser,  60;  thai" 
in  the  whole  course  of  the  Duke 
of  Grafton's  life,there  is  a  strat.ge 
endeavour    %<y  unite    contradic- 
tions, ib.;    a   violation  of  public 
decorum    should   never  be   for- 
i^iven,   61;    the    Duke  of  Graf- 
ton's conduct  in.th's  respect,  ib.; 
liis  Grace  has  ahvays  some  rea- 
5->n  for  desertinj?  his  friends,  ib.; 
to  the  Printer  of  the  Public  Ad- 
vertiser,  72  ;    the    object iim    of 
G.  A.  to  Junius's  state  of  the 
question  as   to   the    Middlesex 
election,  considered,  ib.;    to  the 
Printer  of  the  Public  Advertiser, 
7S ;  that  a  correspondent  of  the 
St.  James's  Evening*  Post,  mis- 
understood Junius,  ib.  ;    that  it 
appears  evident  that  Dr.  Black- 
stoue  never  once  thought  of  his 
Commentaries,  when  speaking  in 
the  House  of  Commons,  until  the 
contradiction    was    urged,    79 ; 
Philo    Junius   defends   Junius's 
construction  of  the  vote  against 
Mr.  Walpole   (c)   291  ;  ch.arges 
the  ministry  wiii   introducing,  a 
ne>v  system  of  h)gic,  which  lie 
calls  Argument  against  Fact,  91 ; 
to  the  Printer  of  the  Public  Ad- 
veriiser,  112;  that  h.e  is  assured 
Junius  will   nevei"  cTestend  to  a 
dispute   \,Ilh    sucji    a  writer    a^ 
Modestu^,   ib.  ;    an  examination 
of  the  ir.^stances  brought  to  sup- 
poYt  the  cliarge  (jf  Junius  being 
an  r.'islima-t!,  ib.  Ex. ;    that  Mo- 
deslus  uiiscjuoleswhatjuniussays 
of  conscience,  and  makes  the  sen- 
tence  ridiculous,   by  making  it 
l^is  own,  114;   to  tlie   Printer  ct 
the  Piiblic  Advertiser,  183;  that 
Anti-Junius  triumplis  in  having, 
us  he  supposes,  cutoff  an  outpost 


U6 


•;»f  Junius,  ib.;  that  Jaiiius  does 
not  speak  of  the  Spanish  nation, 
but  the  Spanish  court,  as-fehe  na- 
tural enemies  cS  Eng'land,  ib.  ; 
f  it  were    n^)t   the    lespect   he 
>  earstiie  minister,  he  could  name 
a  man  who,  wiliKnit  one  grrain  of 
nr.dcrslanding'    can    do    half    as 
uich  a^  Ohver  Cronus  ell,  184  ; 
:  to  asecret  :'ys-::  in  in  the  closet, 
■  :  '  ■  ' :  ;■  .;;     .  !  determined 

-,   185;    the 
^■liiji'ic-.  .  ui  uv   .- ]!i!-Junius  can 
be  only  an;j',vcied   by  the  roinis- 
^ly,  185;  to  the  Printer  of  the 
.  \ihlic    Advertiser,    186 ;     that 
: ise    wi-.o    object    to   detached 
.' Janiiis's  last  letter,  do 
Ti-.,.r5  iairly,  or  liave  not  con- 
.uered  the  scope  of   his   argu- 
ment, 193  ;  that  Junius  does  not 
xpect  a  dissolution  of  parliament 
.viU  destroy  corruption,   but  will 
)2  a"  terror  and  check  to  theil' 
successors,  194 ;  to  the  Printer  of 
lie  Public  Advertiser,  ib. ;  Ju- 
ius's  construction  of  the  vote, 
ioclaring"  Mr.  Walpole's  incapa- 
i:}-,    ib.  ;    a   quotation   from   a 
uact  of  Lord  Sommers,  to  sup- 
port this  construction,    195;    if 
'.his    construction   be    admitted, 
tlie  advocates  of  the  House  of 
Commons  must  be  reduced  to  the 
jiecessity  of  maintaining-  one  of 
die  grossest  absurdities,  ib.;  that 
!  he  House  of  Commons  certainly 
'Id  not  foresee   one  effect  pro- 
ceding  from  their  vote  about  the 
Middlesex  election,  196;   to  the 
L^rinter  of  the  Public  Advertiser, 
!>.  ;  the  doctrine  of  Junius  con- 
cerning the  power  of  the  Com- 
mons  to   commit  for  contempt 
not  new,  ib.  ;  tallies  exactly  with 
tiie  opinions  of  Attorney- General 
Noye  and  Sir  Edward  Coke,  197; 
to  the  Printer  of  the  Public  Ad- 
vertiser, 229;  the  vanity  and  im- 
piety of  Junius  are  become  the 
perpetual  topics  of  abuse,  ib. ; 


the  proofs  brought  to  support  suck 
charges,  considered,  230;  the 
charges  of  vanity  and  impiety  pro- 
ved to  destroy  themselves,  ib.;  to 
the  Printer  of  the  Public  Adver- 
tiser, 246;  that  Junius's  inclina- 
tion leads  him  to  treat  Lord  Cam- 
den with  j>ariicular  respect  and 
candour,  ib  ;  that  his  Lordship 
overshot  himself,  in  asserting  tho 
proclamation  against  e:^:pordrig 
c^m,  was  legal,   247;    to  Zeno, 

248  ;  that  the  sophistry  of  this 
author's  letter  in  defence  of  Lord 
Mansfield,  is  adapted  to  the  cha- 
racter he  defends,  ib. ;  tlie  stis- 
picious  applause  given  by  Iiie 
Lordship  to  the  man  he  detests, 

249  ;  his  doctrine,  as  delivered  to 
a  jur}^,  ib. ;  his  challenging  a  ju- 
ryman, 250;  is  accused  of  en- 
deavouring to  screen  the  king's 
brother,  251  ;  and  incessantly  la- 
bouring to  introdtice  new  modes 
of  proceeding  in  the  court  where 
he  presides,  252;  to  an  Advo- 
cate in  the  Cause  of  the  People, 
253  ;  the  difference  betwixt  ge- 
neral-warrants and  press -war- 
rants stated  and  explained,  ib. 

Pope,  Mr.  extract  of  a  letter 
of  his  to  Dr.  Arbuthnot  (q)  293. 

S. 

Sawbridge,  Mr.  has  shown 
himself  possessed  of  that  repub- 
lican firmness  which  the  times 
require,  241. 

SiiELBuRNE,  Lord,  applied  to 
in  regard  to  the  Manilla  ransom, 
36. 

Sommers,  Lord,  a  quotation 
from  his  tract  upon  the  Rights  of 
the  People  (c)  291. 

Stamp-act  made  and  repeal- 
ed, 21. 

Stahling,  Solomon,  apothe- 
cary, his  opinion  in  regard  to  the 
death  of  Clarke,  who  received  a 
blow  at  the  Brentford  election 
(k),  289. 


3n 


State,  the  principal  depart- 
ments of,  when  improperly  be- 
stowed, the  cause  of  every  mis- 
chief, 19. 

T. 

TowNSHEND,  Mr.  complains 
that  the  public  gratitude  has  not 
been   equal  to  his  deserts,  241. 

To  ITCH  ET,  Mr.  in  his  most 
prosperous  fortune,  tlie  same 
man  as  at  present,  205. 

V. 

Vatjghan,  Mr.  sends  propo- 
sals to  the  Duke  of  Grafton, 
125;  his  offers  to  the  Duke 
amounted  to  a  high  misdemea- 
nor, 128 ;  a  prosecution  com- 
wienced  against  him  (z)  294 ; 
Ihe  matter  solemnly  argued  in 
the  Court  of  King's  Bench,  ib.  ; 
Junius  does  justice  to  this 
-injured  man,  146. 

W. 

Weston,  Edward,  a  letter  to 
jfilm  from  Junius,  47  ;  quotations 
from  tliis  pamphlet,  in  defence 
of  the  pardoning  M'Qiiirk,  \vith 
remarks,  ib. 

Walpole,  Mr.  his  case  sup- 
posed to  be  strictly  in  point,  to 
prove  expulsion  creates  incapa- 
city of  being  re-elected,  80;  the 
vote  of  expulsion,  as  expressed 
in  the  votes,  86;  remarks  upon 
its  meaning  and  extent  (b), 
S90 ;  tlie  election  was  declai-ed 
Toid,  ST:- 


Weymouth,  Lord,  ap]iointed 
one  of  the  Secretaries  of  State, 
22  ;  nominated  to  Ireland,  98. 

Whittlebury  Fore.'jt,  the 
Duke  of  Grafton  hereditary 
ranger  of,  2v34  ;  the  right  to  the 
timber  claimed  by  his  Grace, 
235. 

Wilkes,  Mr.  his  conduct 
often  censured  by  Junius,  46 
suffered  to  appear  at  large,  and 
to  canvass  for  the  city  and 
county,  with  an  outlawry  hanging 
over  him,  48;  his  situation  aiici 
private  character  gave  the  mi 
nistry  advantages  over  him,  50: 
it  is  perhaps  the  greatest  mis 
fortune  of  his  life,  that  the  Duke 
of  Grafton  had  so  many  compen 
sations  to  make  in  the  closet 
for  his  former  friendship  witl: 
him,  54 ;  said  more  than  mode 
rate  men  would  justify,  132 ; 
hardly  serious  at  first,  he  becamt 
an  enthusiast,  ib. ;  commission} 
Mr.  Thomas  Walpole  to  solicii 
a  pension  for  him,  218 ;  come? 
over  from  France  to  England 
where  he  gets  2001.  from  the 
Duke  of  Portland  and  Lore 
Rockingham,  ib. 

WooLAsTON,  Mr.  expelled 
re-elected,  and  admitted  into  the 
same  parliament,  8S  ;  the  public 
left  to  determine  whether  thh 
be  a  plain  matter  of  fact,  90. 

y. 

Yates,  Mr.  Justice,  quits  the 
Court  of  King's  Bench,  in. 


THE  EN1>, 


CONTENTS. 

Page. 

Dedication  to  the  English  Nation,     -     -  '^ 

Preface,         .         .         -         -         -  5 

i.irjFFKR  I.  Janiusto  the  Printer  of  the  Public  Advertiser,  17 

II.  Sir  Wiiliarn  Draper's  answer  to  Junius,  24* 

III.  Junius  to  Sir  William  Draper^         -     -  2S 

IV.  Sir  William  Draper  to  Junius,         -         -  32 
V.  To  Sir  William  Draper,         -        -         -  37 

VI,  To  Junius  from  Sir  William  Draper,         -  29 

VTL  To  Sir  William  Draper;           -           -  40 

VIIL  To  his  Grace  the  Duke  of  Grafton,          -  41 

IX.  To  his  Grace  the  Duke  of  Grafton,       -  44 

X.  To  Mr.  Edward  Weston,         -         -  47 

XI.  To  his  Grace  the  Duke  of  Grafton,         -  4S 

XII.  To  his  Grace  the  Duke  of  Grafton,         -  52 

Kill.  Philo  Junius  to  the  Printer  of  the  Public  Ad- 
vertiser,        -         -         -         -       -  5S 

XIV.  Philo  Junius  to  the  Printer  of  the  Public  Ad- 
vertiser,           60 

XV.  To  his  Grace  the  Duke  of  Grafton,         -  63 

XVI.  To  the  Printer  of  the  Public  Advertiser,  68 

XVII.  Philo  Junius  to  the  Printer  of  the  Public  Ad- 
vertiser,           72 

XVIIL  To  Sir  Wm.  Blackstone,  Solicitor-General 

to  her  Majesty,         . ..         -.  74 


-i'V 

XIX.  Philo  Junius  to  the  Printer  of  tlie  Public 

Advertiser,         -         -         .         -  7^ 

XX.  Junius  to  the  Printer  ei  the  Public  Adver- 

tiser, -  -  -  85 

XXI.  To  the  Printer  of  the  Public  Adver- 

tiser, -  -  -  9(1 

XXII.  Philo  Junius  to  the  Printer  of  the  Public 

Advertiser,         -         -         -         -  91 

XXIII.  Junius  to  the  Duke  of  Bedford,         -  94 

XXIV.  Sir  William  Draper  to  Junius,         -  101 
XX  V»  Junius  to  Sir  William  Draper,         -              I  OS 

XXVI.   Sir  William  Draper  to  Ju^iius,  -  105 

XXVII.  Junius  to  the  Printer  of  the  Public  Adver- 
tiser, -  -  -  lot 

XXXVIII.  To  the  Printer  of  the  Public  Advertiser,     1 12 

XXIX.  Philo  Junius  to  the  Printer  of  the  Public 

Advertiser,  -  «•  -        ih. 

XXX.  Junius  to  the  Printer  of  the  Public  Adverti- 
ser,        -  -         »  -  i»^ 

XXXI.  Philo  Junius  to  the  Printer  of  the  Public 

Advertiser,         -  -         -  12  ^ 


124 


XXXII.  Junius  to  the  Printer  of  the  Public  Adver- 
tiser. -  -  =. 

XXXIII.  To  his  Grace  the  Duke  ofGrafton,  125 

XXXIV.  To  his  Grace  the  Duke  of  Grafton,  126 
XXXV.  To  the  Printer  of  the  Public  Advertiser,  128 

XXXVI.  To  the  Duke  of  Grafton,  '  ^4  '• 


v 

XXXVII.  To  the  Printer  of  the  Public  Advertiscrj  14S 

XXXVIIL  To  the  Printer  of  the  Public  Advertiser,  1 52 

XX^IX.  To  the  Printer  of  the  Public  Advertiser,  \5r 

XL.  To  Lord  North,              ...  16a 

XLI.  To  the  llight  Honourable  Lord  Mansfield,  \6% 

XLII.  To  the  Printer  of  the  Public  Advertiser,  17* 

XLIII.  Philo  Junius  to  the  Printer  of  the  Public 

Advertiser,         -         -         -  18t 

XLIV.  Junius  to  the  Printer  of  the  Public  Advertiser,  186 

XLV.  Phiio  Junius  to  the  Printer  of  the  Public  Ad- 
vertiser, -  -  -  19i3 

XLVI.  Philo  Junius  to  the  Printer  of  the  Public  Ad- 
vertiser, .  .  ^         ,  194 

XLVn.  Philo  Junius  to  the  Printer  of  the  Public  Ad- 
vertiser, -•         -         -         -  196 

^  .LVIII.  Philo  Junius  to  the  Printer  of  the  Public  Ad- 

verU3.:r,  -  -  -         -  197 

XiJX.  Junius  to  the  Duke  of  Grafton,         -  200 

L.  To  his  Grace  the  Duke  of  Grafton,  203 

LI.  From  the  Kev,  Mr.  Ilornc  to  Junius,  2'  7 

LIL  Junius  to  the  Rev.  Mr.  Ilorne,         -  209 

'^JII.  From  the  I\ev.  Mr.  Home  to  Junius,  211 

i  aV.  Junius  to  the  Printer  of  the  Public  Advertiser,  22 1 

L^" .   Philo  Junius  to  the  Printer  of  the  Public  Ad- 
vertiser, -         -  -  -  -     229 

*•'   ■■        ■    I-  ^    ■■■r.  Korne  to  Junius,         -         -   •^■; 


VI 

LVII.  Junius  to  his  Grace  the  Duke  of  Grafton,  ^22? 

LVIII.  Addressed  to  the  Livery  of  London,  237 

LIX.  To  the  Printer  of  the  Public  Advertiser,  23^ 

LX«  Philo  Junius  to  the  Printer  of  the  Public  Ad- 
vertiser,            -             ^             -  24§ 

LXI.  Philo  Junius  to  Zeno,         -         -         -  242 

LXII.  Philo  Junius  to  an  Advocate  in  the  Cause 

of  the  People.          -          -          -  25-3 

LXIII.  Observations  by  a  Friend  of  Junius,  in  an- 
swer to  a  Barrister  at  Law,         -  254 

LXI  V.  Declarations  in  behalf  of  Junius,         -  256 

LXV.  Junius  to  Lord  Chief  Justice  Mansfield,  25^ 

LXVL  Junius  engages  to  make  good  the  charge 

against  Lord  Mansfield,         -         -  25$ 

LXVIL  Junius  to  the  Duke  of  Grafton,         -  ib. 

LXVIII.  To  Lord  Chief  Justice  Mansfield,          -  262 

LXIX.  To  the  Right  Honourable  Lord  Camden.  28  i 

Notes,             -         .         .         -         .  38  r 

Index,         -                  ...  -^o. 


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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


